Professional Negligence Claims

Forbes Solicitors' professional negligence solicitors offer expert legal advice on professional negligence claims.

More about Professional Negligence

Our professional negligence claims solicitors can assist with a range of issues, including claims against solicitors, accountants, and surveyors. We understand the importance of holding professionals to account for their actions and work to achieve the best possible outcome for our clients.

What is Professional Negligence?

What is Professional Negligence?

Professional negligence occurs when a professional fails to exercise the standard of care of their profession, causing harm to the person who relied on their services. This can include financial losses, physical and emotional distress, and other damages.

What is a Professional Negligence Claim?

What is a Professional Negligence Claim?

A professional negligence claim is a type of legal action whereby a person or organisation can seek compensation from a professional who has provided a service that is below the standard of care expected in the circumstances.

Unfortunately, sometimes professionals get it wrong. However, even small mistakes by professionals can lead to significant issues and losses for the client. Our team have many years of experience in dealing with claims against professionals such as solicitors, accountants, auditors, surveyors and architects.

By way of example, our team of solicitors have recovered compensation for our clients in the following situations:

  • a solicitor missed an entry on a conveyancing search and clients purchased a property without being made aware of its defects.

  • an architect who failed to produce accurate drawings for a commercial development.

  • a solicitor had negligently advised on a commercial lease transaction.

  • a surveyor who had failed to report on relevant issues prior to a house purchase.

  • a solicitor failed to issue Court proceedings within the right timeframe and clients were evicted from their business premises.

  • a solicitor failed to secure the release of a personal guarantee when a company was sold.

  • an accountant had failed to advise properly on a share buy-back transaction.

Negligence claims tend to be robustly defended and complex as the ability to prove the link between the professional's advice and the loss suffered is not straightforward. This emphasises the need to obtain the right representation, experience and approach from the outset.

In most instances, the party who has suffered loss will be able to claim damages by way of remedy and often the professional will have an indemnity insurance policy in place to fund the payment of damages and costs. We advise on the tactics and potential pitfalls in bringing professional negligence claims and always aim to reach a negotiated settlement where possible.

Why choose our professional negligence solicitors?

Why choose our professional negligence solicitors?

We have a team of professional negligence solicitors who have extensive experience in handling complex cases and achieving successful outcomes for our clients. We provide a personalised service, tailored to your individual needs, and work tirelessly to ensure that you receive the compensation you deserve. Our team is dedicated, knowledgeable, and committed to providing the highest level of service. We offer a free initial consultation and operate on a no-win, no-fee basis, so you can be confident that we will fight for your rights without any financial risk to you. Who do our professional negligence solicitors help? Our professional negligence solicitors help individuals and businesses who have suffered financial loss or damage due to the negligence of a professional, such as a lawyer, accountant, or surveyor.

How can our professional negligence lawyers help?

How can our professional negligence lawyers help?

Our professional negligence lawyers can help you if you have suffered financial loss or damage due to the negligence of a professional, such as a solicitor, accountant, or surveyor. We can provide legal advice and representation to help you recover compensation for your losses. Our team has extensive experience in handling professional negligence claims and can guide you through the process, from assessing the strength of your case to negotiating a settlement or pursuing litigation. Contact us today to discuss your situation and how we can help.

The team of solicitors we have possess extensive experience in providing legal services and support for Professional Negligence Claims to clients throughout the nation. Contact us today to communicate with the team.

Additional Information

How do I claim professional negligence?

To claim professional negligence you must prove that a professional, such as a solicitor or accountant, breached their duty of care towards you, causing you financial loss or harm. You must also show that the professional's actions fell below the standard expected of them. To make a claim, you should seek legal advice and gather evidence to support your case.

What is an example of a case of professional negligence?

An example of professional negligence could be a doctor failing to diagnose a serious medical condition, resulting in harm or injury to the patient. This could be considered a breach of the doctor's duty of care towards the patient, and may result in a medical malpractice lawsuit.

What are the common types of professional negligence?

The common types of professional negligence include medical negligence, legal negligence, financial negligence, and construction negligence. Medical negligence involves a breach of duty of care by a healthcare professional, while legal negligence involves a breach of duty of care by a solicitor or barrister. Financial negligence involves a breach of duty of care by a financial advisor or accountant, and construction negligence involves a breach of duty of care by a builder or architect.

How do I know if I have a professional negligence claim?

To have a professional negligence claim you must prove that a professional owed you a duty of care, breached that duty, and caused you financial loss or damage. You must also show that the professional's actions fell below the standard expected of a reasonable professional in their field. If you believe you have a claim, seek legal advice from a specialist solicitor.

What is the process for making a professional negligence claim?

To make a professional negligence claim the claimant must prove that the professional owed them a duty of care, breached that duty, and caused them financial loss or damage. The claimant must then send a letter of claim to the professional, outlining the details of the claim and the losses suffered. The professional will have a chance to respond, and if the claim is not resolved, the claimant can take legal action through the courts.

How long do I have to make a professional negligence claim?

The time limit for making a professional negligence claim is generally six years from the date of the negligent act or omission, or three years from the date of knowledge of the negligence (when the claimant became aware of the negligence). However, there are some exceptions and variations to this time limit, so it is important to seek legal advice as soon as possible.

What kind of compensation can I receive for professional negligence?

If you have suffered financial loss or damage due to professional negligence, you may be entitled to compensation. This can include reimbursement for any expenses incurred as a result of the negligence, as well as compensation for any loss of earnings or profits. The amount of compensation will depend on the specific circumstances of your case and the extent of the damage caused. It is recommended to seek legal advice to determine your eligibility for compensation.

Can I make a professional negligence claim against a company or just an individual?

You can make a professional negligence claim against both a company and an individual. If the company is a partnership, you can sue the partners individually or the partnership as a whole. If the company is a limited liability company, you can sue the company itself. It is important to seek legal advice to determine the best course of action for your specific case.

What is the difference between professional negligence and breach of contract?

Professional negligence refers to a failure to exercise reasonable care and skill in the provision of professional services, resulting in harm or loss to the client. Breach of contract, on the other hand, refers to a failure to fulfil the terms of a contract, resulting in harm or loss to the other party. The key difference is that professional negligence involves a duty of care owed by the professional, while breach of contract involves a breach of a contractual obligation.

Can you sue a solicitor for negligence?

Yes, it is possible to sue a solicitor for negligence. If a solicitor fails to provide a reasonable standard of care and skill, resulting in financial loss or harm to the client, the client may have grounds for a negligence claim. The client must prove that the solicitor breached their duty of care and that this breach caused the client's loss or harm.

Our dedicated Commercial Litigation team

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Partner and Head of Department, Commercial Litigation

Stephen McArdle

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Senior Associate, Commercial Litigation

Claire Edbury

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Associate, Commercial Litigation

Sheroze Nadeem

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