A professional negligence claim is a claim against a professional such as a solicitor; accountant or architect, for work which you believe has been carried out carelessly on your behalf. Any professional company you employ to provide you with a service has a duty to be careful in the way that they provide those services to you. If a company or individual does something wrong and breaches their duty of care or if they provide you with a service which causes you to lose money, then you may be entitled to claim against them for professional negligence.
Before considering whether you can bring a claim, it is important to consider whether your unhappiness with the service provided by your professional has actually led you to suffer a financial loss. If you simply have a complaint about the quality of the service provided, then this is unlikely to give rise to a claim for professional negligence on its own.
For example if a solicitor misses an important date such as a limitation date in the administration of a court claim, which leads to your court claim being struck out, or your right to claim compensation has been lost, then this would give rise to a professional negligence claim. If a surveyor has failed to identify major structural faults with your house which he was paid to survey, this would also lead to a claim against him for professional negligence.
If you have suffered a financial loss, Fylde Law's specialist team would be very happy to speak to you about your potential claim. For more information please telephone us on 01253 730 070, or alternatively contact us via the 'quick enquiry' form on this page. We will be happy to provide you with 30 minutes of free advice and instruction.
Fylde Law’s Professional Negligence Solicitors have years of experience of dealing with claims against professionals, including Accountants, Estate Agents, Veterinary Surgeons, Solicitors, Architects and Financial Advisers. We can act for our clients on a no win no fee basis in most cases.
How do I know if I have a claim?
In many cases this will already be clear to you, for example, where a solicitor has missed a limitation date. Other cases may not be immediately clear. Fylde Law solicitors are experts at establishing the facts quickly and efficiently and advising you at an early stage, as to whether you have a likely claim for compensation against your professional adviser.
What happens if I am unsuccessful with my claim for compensation?
If you are unsuccessful with your claim for compensation, then the court will not award you any damages or compensation. In every case we take on, we recommend that if possible, you take out an insurance policy to cover the potential costs that you might have to pay if you are unsuccessful with your claim. In many cases, the insurance policies do not cost you anything unless you win your claim for compensation.
Fylde Law have contacts with a variety of different insurance companies and in the majority of cases can obtain insurance cover for our professional negligence clients. It may be that you already have an insurance policy as part of your home insurance or legal expenses insurance policy.
We can check out the position with regard to any insurance you have and let you know before we proceed with your claim. Any insurance policy we recommend will also cover your opponent’s costs if you were to lose.
How much is my professional negligence claim worth?
It always varies from case to case. The simplest answer is that it is worth what you have lost as a result of the professional negligence. In a personal injury claim where the limitation has been missed, the compensation will be equal to the amounts of compensation you would have been awarded had you won your case and your solicitor issued your court claim in time.
If your claim is against an architect, this may well be the amount of money it takes to rebuild or rectify the problems with your home or commercial building. The court would also take into account any additional costs you have incurred to rent alternative accommodation.
How long do I have to make a professional negligence claim?
Six years from the date in which you first suffered a loss. If you think you may have a claim for professional negligence, we would suggest you contact us so that we can discuss your case with you further.
To speak to our experts please call us on 01253 730 070 or complete our ‘quick enquiry’ form and we will contact you as soon as possible.