(ThyBlackMan.com) The moment you hire someone for professional services, you expect quality results so therefore, it is frustrating if the result does not meet your expectations. If the services received were substandard and riddled with errors, it might constitute professional negligence, and you are entitled to take action. These tips will help you if you plan to formally file a complaint about the services you received.
Prove the breach of duty
It is not easy proving that someone is guilty of professional negligence. It requires a lengthy process to show that the person you are complaining about did not meet the standards of being a reasonably competent professional. It is important to note though that a professional of any skill level needs to provide the services you agreed on. Those who do not have enough experience cannot use it as an excuse for not being competent. Usually, a body of professional opinion is necessary to help in giving the decision.
Prove that the breach resulted in a loss
If it is already difficulty proving breach of duty, the battle does not end there. You need to move things a step further and prove that the breach resulted in a loss or reparable damages. Even if the professional was negligent, but it did not harm you such a way that you ended up with financial loss, you cannot further your complaint. Several factors might pave the way for your loss, including an unfavourable market or third-party mistakes. If these factors come into play, you cannot solely blame the professional for your loss. If the other party can prove that your loss would have existed despite their competence, you cannot win the case.
Claim negligence right away
You cannot waste time when you are filing a negligence case. Typically, you have up to six years from the date of the negligence to file. It might seem like it is quite a long time, but if you drag your heels, you might end up getting questioned for doing so. Since you are complaining about a loss, you need to file for professional negligence and get the case moving quickly. It also helps if you have a solicitor for professional negligence helping you out. It’s easy for you to feel shaken when you do not have a legal expert by your side since the professional you are complaining about might have connections, and you might feel intimidated.
Be willing to settle out of court
Usually, judges rule such cases for settlement out of court. If you can get the professional to admit a mistake and move towards negotiation, you can quickly end this problem. Besides, the professionals might be starting to suffer because of your case. They might instead settle and finally put an end to their problem. Even if they feel like they have a shot at winning, they might hate getting dragged down because of a negligence claim.
Stay firm in this battle and continue the fight even if you feel like it is challenging. If you understand what you are fighting for and you have evidence to back your claim, do not hesitate to pursue it.
Staff Writer; George Brown
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