Possibly one of the worst betrayals is when a professional individual paid to look after your interests, neglects their duty in a way that leaves you physically, financially, emotionally  or legally compromised – or suffering a combination of all these. Professional negligence is a breach of the duty of care between professionals and their clients.  The duty of care is a common law arrangement where a client naturally expects proper levels of service backed by the standards associated with that profession.

If a lawyer misses an important time limit or fails to give proper advice on a settlement offer, he may be seen to be engaging in malpractice and can be sued and the claimant entitled to damages. A lawyer may be accused of malpractice if he has used a flawed legal strategy that has led to critical errors in the handling of a case.

People today are more aware of their rights in these instances. There is also increasing reliance on legal advice as the profession becomes more available to all sections of society. Apart from lawyers, claims for professional negligence can be brought against a range of professionals such as financial advisors, insurance brokers, architects, accountants, builders, engineers, etc.

Pointers to remember in order to succeed with your claim:

To succeed with any claim, you will need to prove that you were owed a duty of care by the professional involved, that the professional breached that duty of care, and the breach caused a loss to you. A mere error or simply poor service does not necessarily constitute negligence. You will need to demonstrate that services fell well below the standards of a reasonably competent professional.

• If a court case arises, there are certain time limits you need to adhere to in order to keep your claim valid. Applicable time limits average at up to five years from the time of the negligence; or three years from the point at which the negligence became apparent.
• Whatever the reasons, however, always act as quickly as possible and seek legal advice on the relevant time limits.
• There are ways to deal with matters swiftly and cost-effectively without the need for court proceedings if you can avail yourself of the right legal advice and support.
• You will also need to investigate whether the professional has any indemnity insurance in place to protect against legal claims.
• You will also have to ensure that you mitigate your losses by taking all reasonable steps in your approach to the proceedings because the professional will most likely take the stance that you have contributed to your losses yourself

Situations where you have the right to bring claims when your lawyer has:

• missed the limitation date
• allowed your claim to be struck out by the court
• failed to identify a defect in the title to your property
• committed serious error in drafting a lease
• under-settled personal injury claims
• failed to advise on planning permissions and building regulations
• failed to draft a will properly
• failed to include an undertaking for future hospital, medical or related expenditure when settling your claim.

At Simpsons, we have worked hard to adopt innovative legal models that ensure every South African is able to receive the advice and support they need. As a dynamic firm with heart and impeccable standards, we specialise in personal injury claims as well as a range of negligence cases, including product and public liability. We offer each client a personalised service, ensuring we focus on every aspect of your case, whether physical, financial or emotional.

Find out more about us at: www.simpsons.co.za