How to seek redress for losses suffered as a result of professional negligence
Professional Negligence Litigation Solicitor; Tony Wiseman examines how you can seek redress for losses suffered as a result of the negligence of a professional.
There are two possible ways of claiming compensation, these are;
1. A claim under Contract Law; consider whether there is a “contractual claim” one has to look at the content of any written agreement between the parties as well as any terms that would be implied into the agreement.
2. A claim in Tort Law, i.e. the law of negligence; in this particular type of claim one needs to consider whether the actions or admissions of the professional meant that the service they provided fell below a reasonable standard of care.
One tactical consideration that has to be borne in mind is that the method of calculating financial redress is different under the above claims.
In a contractual claim, the monies awarded to the party that has suffered the loss is calculated on the basis of putting that person into the position they would have been if the contract had been fully complied with.
In a claim brought in Tort, the purpose of the compensation is to place the “victim” in the same position they would have been if the professional had exercised his obligations to a reasonable standard of care.
Tony Wiseman says;
“Whilst the above may sound a subtle difference between the two types of claims that could be brought, it can make a significant difference to the tactics deployed and the level of damages recovered.”