PROFESSIONAL NEGLIGENCE
Professional negligence occurs when qualified experts fail to perform their duty. It costs you financial loss, distress or damage. Sunrise Solicitors has a team of legal experts that help businesses and individuals to hold negligent professionals accountable. Whether you have received substandard services, flawed legal services or inaccurate valuation, we are here to help. To file your claim or fight your case, speak to our expert lawyers today.
What is Professional Negligence?
The failure of a qualified expert to perform their duty according to the expected standard is called professional negligence. The failure of a professional to meet their expected standard can result in a loss or harm. Many professionals can fall under the category of qualified experts such as, lawyers, accountants, medical practitioners or financial advisors. Duty of care is the legal obligation of an expert to act responsibly without causing harm to any individual. The level of skill and quality that is expected from a qualified professional is called a standard of care.
A few examples of professional negligence include medical misdiagnosis or delayed diagnosis. Incorrect legal advice, design or structural flaws and incorrect financial planning are also included in professional negligence. Additionally, simple errors, omissions, low-quality service or inadequate advice may be considered as negligence. Any individual who has experienced these issues is entitled to claim compensation.
Who Can Be Liable for Professional Negligence?
Many qualified experts such as solicitors, barristers, accountants, auditors, financial advisors, surveyors and architects can be held liable for professional negligence. A failure of these professionals to meet the expected standards in their field can result in loss or harm. Some other professionals, such as medical practitioners can also be held liable for professional negligence if they fail to perform their duty.
Common Types of Professional Negligence Claims
A few common types of professional negligence claims are as follows:
Solicitor Negligence
A solicitor’s negligence includes missing important deadlines, providing incorrect legal advice or making mistakes in legal documents. A breach of fiduciary duty is considered as solicitor negligence. A solicitor can be held accountable if they put their own interest above the client’s interest.
Accountant Negligence
Negligence by accountants can happen when they make financial errors, by poor tax planning and fail to detect financial fraud. These mistakes can lead to fines, losses and can create major problems for individuals and businesses.
Surveyor and Valuer Negligence
Surveyors and valuers negligence may occur if they provide inaccurate property valuations or fail to identify structural issues. Such errors can lead to poor investment decisions, unexpected repair costs and financial loss for clients.
Financial Adviser Negligence
Negligence by financial advisers can arise when they provide unsuitable advice, recommend the wrong financial products or put their own interests first. This negligence by financial advisers can lead to poor decision-making, unexpected risk and financial loss for businesses and individuals.
Do You Have a Professional Negligence Claim?
Any individual who has experienced an unexpected financial loss, a poor advice or service can have a professional negligence claim. A negligence claim can be established if you prove that the qualified expert owed you a duty of care, breached that duty and caused you direct loss. It is important to take timely action in professional negligence claims so you can protect your rights and recover your loss. The claim must be made within a period of 6 years after this time an individual can lose the legal right to claim their compensation. In some cases, if the negligence is not identified immediately, the claimant may have up to 3 years from the date they became aware (or should have become aware) of the issue to make a claim.
Steps to Making a Professional Negligence Claim
Following is the step-by-step guidance for making a professional negligence claim:
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Step |
Description |
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1. Initial Consultation & Case Evaluation |
You meet with a solicitor to review your case. They assess whether the professional owed you a duty of care, breached it and caused you loss. |
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2. Pre-Action Protocol |
Your solicitor will send a Letter of Claim to the professional or their insurer. This outlines what went wrong and what compensation you are seeking. The professional has 21 days to acknowledge and 3 months to respond. |
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3. Negotiation Attempts |
Both sides are encouraged to discuss the claim, share relevant documents and consider Alternative Dispute Resolution (ADR) like mediation before proceeding to litigation. |
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4. Litigation Process (if needed) |
If the case is not resolved via ADR or PAP, your solicitor may issue court proceedings. This includes preparing your case, following timelines and attending hearings. |
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5. Claim Resolution |
The claim can be resolved through a settlement at any stage. If not, it goes to trial where a judge decides the outcome. |
Funding Your Professional Negligence Claim
You can fund a professional negligence claim in several ways. One of the options includes a No Win, No Fee agreement formally known as Conditional Fee Agreement (CFA). The solicitor charges a fee only if the claim succeeds, making it a low-risk funding option. Other options may include legal expenses insurance included in home, car or business insurance policies. It is generally known as Before the Event (BTE) insurance.
A professional negligence claim can also be funded through third-party funding. In this, an outside company agrees to pay legal costs in a claim and in return receive a share of the compensation if the case is won. The funding options must be discussed with a professional negligence solicitor so you can choose the most suitable and cost-effective option.
Why Choose Sunrise Solicitors as Your Professional Negligence Solicitors?
Sunrise Solicitors have extensive expertise and a successful track record in handling professional negligence claims.
Our team of experienced negligence solicitors provides:
- Honest advice
- Clear communication
- Focuses on a client-first approach
- Helps in achieving the best outcome
Our success stories and positive client reviews highlight our ability to solve complex cases. Sunrise Solicitors is here to guide you with confidence every step of the way.
Frequently Asked Questions (FAQs)
Following are some of the top FAQs regarding professional negligence.
What compensation can I expect from a negligence claim?
The compensation that you can expect entirely depends on your case. You can claim for financial losses, investment returns or costs of fixing a professional’s mistake.
How long does a professional negligence claim take?
It is subject to the complexity of the matter.
Can I claim against my solicitor/accountant/financial adviser?
Yes, you can if they fail to perform their professional duty.
Start Your Professional Negligence Claim Today
If you have professional negligence claim, you can reach out to Sunrise Solicitors. Our team of expert solicitors offers a free initial consultation and assess your case. We provide clear and honest advice and help you achieve the best possible outcome.
Contact Us
Call us at: +44 203 930 2601
Email: enquiries@sunrisesolicitors.co.uk
Book an appointment today!