Before you begin a negligence claim against a professional, it is important to consider whether it has professional indemnity insurance (PII) in place to cover the likely costs of a settlement.
In fact, most professionals are legally obliged to have PII cover, although, even in the unlikely event that the defendant in your case does not, it may still be possible for professional negligence damages to be paid from the value of its assets.
Most professionals are required by law to have PII cover in place. These include:
However, in reality, any professional who owes clients a duty of care should have PII in place. In addition, it may also be useful to have PII in the event of third party claims.
Principally, PII is designed to protect the interests of the professional and to prevent the risk of financial ruin in the event of a claim, although in practice it means as much to the claimant as to the defendant.
Of course, for a professional negligence claim to be paid out, liability must be demonstrated.
This will depend on proving that there was a duty of care, that this was breached and that significant financial loss has been incurred as a result.
Our professional negligence solicitors act to advance the interests of clients by providing clear and expert advice. We endeavour to provide amicable resolution to disputes but are prepared to take action through the courts where necessary.
For frank and reliable advice from some of the South’s leading professional negligence partners, call our offices in Chichester or Bognor Regis or click on our individual partner’s profiles for their direct contact details.