This happens when errors (resulting in injury, financial and or otherwise) which result from a mistake made by a professional who is engaged to carry out a service, to include:-
• Medical negligence or medical malfeasance (error by a doctor, consultant, dentist et cetera). Please click here to view our webpage about Medical Negligence.
• Quantity Surveyor
• Engineer
• Auctioneer/estate agent
Callinan Murphy have been involved in this area of law for many years. We have the expertise to carry out these cases efficiently and effectively.
The process involves acquiring a report from a practitioner who specialises in that area (example, if the mistake was by an engineer, we will obtain a report from an engineer) who will give an opinion on whether the alleged error was indeed made and whether the error was serious enough as to justify taking a claim.
In general, the mistake must involve the defendant falling below the standard which should be expected from a competent member of the particular profession in question.
Callinan Murphy have advised clients in this area of business disputes for many years.
Professional / Solicitors Negligence – Frequently asked questions:
Is there a time limit in which a must make my claim for professional negligence?
The time-limit for issuing proceedings in a professional negligence case is six years from the date on which the negligent act occurred.
Do I have to submit my claim to the injuries board?
No, unlike other claims for person injuries arising out of negligence, a claim for professional negligence is not submitted to the injuries board. Most claims for professional negligence are processed either through the Circuit Court or the High Court depending on the level of damages anticipated in each case.
Why do I have to get an expert report?
The High Court has made it very clear that an independent expert report should be obtained before issuing proceedings for professional negligence. While this is an expense at the very beginning of the case, it does have the advantage of confirming whether you have a good case or not. It is better to sustain the cost of an independent expert report and find out that you have no case at an early stage rather than finding out that you have no case when you’re on the steps of court having incurred substantial legal costs.
What am I entitled to if my claim is successful?
The plaintiff’s damages may include compensatory and punitive damages. In a negligence case, the court will be strictly concerned with pure economic or financial loss. Punitive damages (also known as exemplary damages) are only awarded in the event of wanton and reckless conduct.
In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to the client in respect or legal services that the legal practitioner provided to the client.