Receiving negligent advice or services can be seriously damaging to businesses and individuals. Our Professional Negligence Solicitors are on hand to advise on whether you have a potential professional negligence claim and the process and timescale to resolve your claim.
If you have experienced loss as a result of a professional’s lack of care and attention, amounting to negligence, then you may be able to make a professional negligence claim. Our team of experts provide specialist advice and assistance to ensure that you are in the very best position to make a successful claim.
Professional negligence claims can be made against professionals within a variety of professions, industries and sectors, including accountants, architects, dentists, doctors, engineers, financial advisors, solicitors and surveyors.
To bring a successful claim, you must be able to prove:
- Duty of Care.
- Breach of Duty.
Duty of Care
To start a professional negligence claim there has to be a duty of care owed to you. The duty of care can be evidenced in your contract with the professional. Alternatively, the duty of care may be recorded in the professional’s client care letter or standard terms of business. If the professional did not send you a contract or document to sign you can still bring a claim if you can show that the professional owed you an implied duty of care, which is the case in most professional client/advisor relationships.
Breach of Duty
To pursue a professional negligence claim, the professional providing you with services must have breached their duty of care. The duty of care does not mean the professional services had to be perfect. You must be able to demonstrate that the services provided by the professional fell below the industry standards of a competent professional acting reasonably
The professional is judged by the standard of care that a competent professional in that industry should provide. For example, if you engaged the services of a professional accountant, they must meet the industry standards of the accountancy profession and any relevant regulatory professional standards.
Causation and loss
Finally, you must be able to prove that the loss you suffered as a result of the professional’s actions is directly attributable to the professional’s negligence. In other words, had it not been for the negligence you would not have sustained loss.
When it comes to professional negligence and loss, most professionals have insurance cover for negligence. This means that a professional negligence claim against the professional is funded by their insurance.
When assessing your professional negligence claim, it is important to differentiate between a service that was just poor and one which was negligent. If the service or product provided by the professional was poor, but not necessarily negligent, your remedy may be to make a formal complaint to the professional, or their regulatory body, or to start proceedings for breach of contract to obtain redress.
You normally have up to 6 years from the date of the negligence to pursue a claim. However, in cases where the negligence only becomes apparent at a later date, the limitation period is extended. For example, if you engaged a civil engineer to advise on the structure of a property and the size of the steel required for an extension, the engineer’s negligence may only become apparent when you spot movement and structural defects in the property.
Whatever the nature of your professional negligence claim, our expert Solicitors can guide you through the claim process, advise on Alternate Dispute Resolution (ADR) options and, if you cannot achieve a settlement, pursue Court proceedings on your behalf.
Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.
How to get in contact
Our Professional Negligence Solicitors are on hand to provide expert advice and assist you wherever you are based. Please call us for a no-obligation, initial discussion on 01256 460830 or email [email protected].
Our offices are based in Basingstoke and we assist clients across the country.
We aim to keep legal jargon to a minimum and guide you through the process in a manner that is easy to understand.
Our highly-skilled solicitors offer tailored, strategic solutions to even the most complex matters, ensuring you receive the guidance and support you need.
We will be by your side throughout every stage of the process and will provide you with regular updates and advice along the way.
We communicate thoroughly with you from the outset to ensure that we fully understand your individual needs. This allows us to accurately quote for your matter leaving you without any unexpected surprises and fees further down the line.
We provide our clients with a concise and transparent breakdown of costs from the outset of the matter and throughout any subsequent stages. This enables you to build faith and trust in us early on to form a lasting relationship.
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