This is ultimately a decision a solicitor will make. However, for a professional negligence claim to be successful you must be able to demonstrate that you were owed a duty of care by the said professional, which was breached, causing a loss to you. A good benchmark to go by in these claims is whether the professional in question has been negligent where another reasonable professional in their positon would not be.
Just making a mistake does not necessarily constitute negligence – it needs to be proved that the professional fell below the adequate standards you would expect of a competent professional. If it is clear that there has been a breach in their care of duty, it is then necessary to demonstrate that you suffered a direct financial loss as a result of their negligent actions.
Certain time limits apply when bringing a claim against a professional. For this reason it is vital to contact a solicitor as soon as you can to set the wheels in motion. Our solicitors will be able to inform you specifically in regards to these time limits.
It is not always necessary that your claim goes to court. A strict procedure and protocol is followed whereby the parties have the opportunity to settle. If no settlement can be reached then court proceedings would need to be issued.