Professional Negligence Solicitor: Make a Claim
Professional negligence is a failure by a professional to exercise reasonable care and skill in carrying out their duties, resulting in damage or loss to their client. In the UK, it's a legal term and professional service providers such as solicitors, accountants, architects, and surveyors can be held liable for professional negligence as they have a duty of care towards their clients. Book a consultationExamples of professional negligence
Examples of professional negligence include:
- A solicitor failing to take appropriate action on a client’s behalf.
- An accountant giving incorrect financial advice.
- An architect failing to properly supervise construction work.
- A surveyor failing to identify structural defects in a property.
- A doctor misdiagnosing a medical condition.
- A financial advisor giving unsuitable investment advice.
If you were owed a duty of case and a professional fails to carry out that duty, or breaches the duty of care, and you suffered a financial loss as a result, you may have a potential claim.
What is the role of a professional negligence solicitor?
The role of a professional negligence solicitor is to represent clients who have suffered a loss as a result of the failure of a professional to exercise reasonable care and skill in providing their services. The solicitor’s responsibilities may include:
- Advising the client on their rights and potential legal remedies.
- Gathering and reviewing evidence related to the case.
- Negotiating a settlement with the professional or their insurance company.
- Representing the client in court proceedings if necessary.
- Advocating for the client’s interests and working to achieve a favourable outcome.
The ultimate goal of a professional negligence solicitor is to secure compensation for the client through dispute resolution to cover their losses and any additional expenses incurred as a result of the professional’s negligence.
Professional negligence solictor: Making a claim
he rules regarding professional negligence claims are governed by the Pre Action protocol for Professional Negligence claims. To make a professional negligence claim in the UK, you will need to consider the following:
- Time limits: You must bring a claim for professional negligence within a certain time frame, known as the “limitation period.” In general, this period is 6 years from the date of the negligence or from the date that the loss was discovered.
- Evidence: To support your claim, you will need to gather evidence of the professional’s failure to exercise reasonable care and skill. This may include documents, witness statements, and expert reports.
- Proof of loss: You will also need to demonstrate that you have suffered a loss as a result of the professional’s negligence. This could be financial loss, but it could also be a more indirect loss, such as loss of opportunity or damage to your reputation.
- Identifying the responsible party: In some cases, it may not be clear who is responsible for the negligence. For example, if a professional was working in partnership with others, or if their work was subcontracted, you may need to identify all of the parties who are potentially liable.
- Choosing a solicitor: If you decide to make a claim, it is advisable to engage a specialist professional negligence solicitor who can help you navigate the legal process.
- Alternative dispute resolution: Before going to court, you may be able to resolve the dispute through alternative dispute resolution, such as mediation or arbitration.
- Court proceedings: If you are unable to reach a settlement through alternative dispute resolution, you may need to commence court proceedings. In general, claims for professional negligence are dealt with by the High Court or the county court, depending on the value of the claim.
It is important to remember that each case is unique and the specific steps you need to take in making a professional negligence claim will depend on the facts and circumstances of your case.
Professional negligence solicitors FAQ's
How much does it cost to make a professional negligence claim?
The cost of making a professional negligence claim can vary greatly depending on the complexity of the case, the amount of compensation sought, and the way in which the case is funded.
- No win, no fee: Some solicitors may offer a “no win, no fee” arrangement, also known as a conditional fee agreement (CFA). This means that you will not have to pay the solicitor’s fees if your claim is unsuccessful.
- Legal expenses insurance: If you have legal expenses insurance, this may cover the cost of your claim.
- Hourly rates: If you do not have a no win, no fee arrangement or legal expenses insurance, you will need to pay the solicitor’s fees on an hourly basis. Hourly rates can vary greatly, depending on the solicitor’s experience and expertise.
- Disbursements: You will also need to cover the cost of any disbursements, such as court fees, expert reports, and other expenses incurred in the course of the claim.
In general, the cost of making a professional negligence claim can be substantial and it is advisable to obtain a detailed estimate of the likely costs before proceeding.
How much compensation could you receive?
The amount of compensation that you could receive for a professional negligence claim will depend on the specific facts and circumstances of your case. Factors that may affect the amount of compensation include:
- The extent of your losses: The compensation you receive will be intended to compensate you for the losses you have suffered as a result of the professional’s negligence. This could include financial losses, such as lost earnings or increased expenses, or more indirect losses, such as loss of opportunity or damage to your reputation.
- The severity of the professional’s breach: The more serious the professional’s breach of their duty of care, the higher the amount of compensation you are likely to receive.
- The impact on your life: The compensation you receive will take into account the impact that the professional’s negligence has had on your life, including any physical or emotional distress you have suffered.
It is difficult to estimate the amount of compensation you could receive for a professional negligence claim without having detailed information about your specific case. In general, claims for professional negligence can range from several thousand pounds to several million, depending on the circumstances. It is advisable to seek the advice of a professional negligence solicitor who can provide a more accurate estimate of the compensation you could receive.
How long does the process take?
The length of time it takes to make a professional negligence claim can vary greatly depending on the complexity of the case, the number of parties involved, and the way in which the case is funded. On average, a professional negligence claim can take between 6 months and 2 years or more to resolve. However, the length of time can be shorter or longer, depending on the specific circumstances of the case.
The following are some factors that may affect the length of time it takes to resolve a professional negligence claim:
- The complexity of the case: Complex cases, such as those involving multiple parties or technical issues, may take longer to resolve.
- The speed of the legal process: The speed at which the legal process moves will also affect the length of time it takes to resolve a professional negligence claim.
- The willingness of the parties to settle: If the parties are willing to negotiate and reach a settlement, this can shorten the length of time it takes to resolve the claim.
- The availability of evidence: The availability and complexity of evidence, such as expert reports, can also impact the length of time it takes to resolve a professional negligence claim.
It is important to remember that each case is unique and the length of time it takes to resolve a professional negligence claim will depend on the specific facts and circumstances of each case. A professional negligence solicitor can provide a more accurate estimate of the length of time it may take to resolve your specific case.
How could a professional negligence solicitor from our panel assist you?
Our panel of solicitors have many years of experience in dealing with professional negligence disputes against professional advisors. We have dealt with cases involving professional negligence claims against solicitors, accountants, financial advisors, and much more.
We understand the complexities and emotional toll that come with making a professional negligence claim. Our panel of highly skilled and experienced law firms have a deep understanding of this area of law, and are dedicated to providing tailored and compassionate support to each of our clients.
Our commitment to excellence and our track record of successful outcomes are testament to our ability to deliver results. You can trust that our panel firms will work tirelessly to achieve the best possible outcome for your case, without the financial burden of upfront fees. Choose us for dedicated and experienced representation, and let us help you secure the compensation you deserve.
We only connect you with the best solicitors
All of the solicitors on our panel have the experience and expertise required to take on your case. Each solicitor is vetted before being allowed onto our panel and we only select the best in the business. All of our solicitor firms are authorised and regulated by the Solicitors Regulation Authority (SRA).
Cost effective options
Commercial solicitors in the UK typically charge by the hour, with rates ranging from around £150 to £350 per hour. Some panel firms may also offer fixed fee or conditional fee arrangements for specific services. The total cost will depend on the complexity of the work and the amount of time required.
Our solicitors also help with commercial claims, such as partnership disputes, breach of contract and CCJ removal.
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Please note, we are not a firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm in return for a fee from our panel firms. We will never charge you for passing on your case to a panel firm.
