A professional who causes harm to a client due to their failure to practice with sufficient quality may be held liable for the client’s damages. These can be challenging cases. To prevail in a claim, you show that the professional owed you a duty of care. Further, you must then establish that they failed to meet the standard of skill or diligence expected in their field. Finally, you need evidence that this failure directly caused you harm. Here, our Philadelphia professional negligence attorney provides a guide to the elements of a professional negligence claim in Pennsylvania.
A Guide to Proving Professional Negligence in Pennsylvania
- You Must Prove a Professional-Client Relationship
You generally cannot bring professional negligence against a person who is acting in a non-professional capacity. For this reason, the first step in a professional negligence case is proving that a professional-client relationship existed. You need to show that you hired, retained, or otherwise relied on the professional for their services. Doing so establishes that the professional owed you a legal duty of care under Pennsylvania law. Written contracts, invoices, correspondence, and records of services provided can help prove the relationship. Without clear proof of this connection, the court will not find that the professional had a duty to you.
- You Must Prove the Professional’s Negligence
Next, you must show that the professional breached the duty of care they owed you. This means proving that their conduct fell below the accepted standard of skill or diligence in their field. Courts often require expert witnesses (such as another attorney or accountant) to testify about what a competent professional would have done. Negligence may involve errors, omissions, or giving advice that no reasonable professional would have provided.
Note: Proving a mistake is not sufficient to prove negligence. You must prove that the professional’s conduct fell so short of industry standards that they should be held liable.
- You Must Prove that the Negligence Caused You Harm
Finally, you must prove that the professional’s negligence caused you actual harm or losses. This element links the professional’s poor conduct to the damages you suffered. Harm may include financial losses, physical injury, or missed opportunities. For example, a lawyer missing a filing deadline might cause you to lose your entire case, or an accountant’s mistake might result in costly tax penalties. Without evidence of tangible harm, you will not have a viable negligence claim.
You Have Limited Time to Take Action in a Professional Negligence Case
Under Commonwealth law, there is a two-year statute of limitations for professional negligence claims (42 Pa. C.S.A. § 5524). In other words, you cannot file a professional negligence lawsuit after two years have passed since the incident unless a (limited) exception applies. Do not wait too long to take action. Speak to a Philadelphia professional negligence lawyer right away after an incident.
How Pennsylvania Professional Negligence Attorney Sean Quinn Can Help
Proving liability in a professional negligence claim is complicated. If you have questions about your rights, your options, and what you need to do to get the best outcome, our founder, Sean Quinn is here as a legal resource. Attorney Quinn is a top Philadelphia professional negligence lawyer. We encourage you to review our client testimonials and case results to learn more.
Were You the Victim of Professional Negligence in Philadelphia?
We can help. At Quinn Law Group, LLC, our Philadelphia professional negligence lawyer puts clients first. If you suffered any type of damage as a consequence of professional negligence, we are here to help you prove liability. Contact us right away for a free consultation. Our firm handles professional negligence cases in Philadelphia and throughout all of Southeastern Pennsylvania.