Professional negligence solicitors

All professionals, including accountants, financial advisors, solicitors and surveyors are bound by professional standards. When a professional’s poor conduct causes serious consequences for you, our professional negligence solicitors can help. We also represent professionals who have had negligence claims made against them.

What is professional negligence?

Professional negligence is when a professional person fails to provide an adequate standard of service, or they give poor advice because they have not taken reasonable care. If their negligence causes you to suffer a loss, then you could make a claim against them. A loss might be of a financial nature, damage to property or personal injury.

When professional negligence is proven, compensation is awarded.

The idea of compensation is to return the person who has suffered as a result of negligence back to the same position they were in before the incident occurred, as far as possible.

Mistakes professionals can make

Here are some common mistakes that may result in professional negligence claims:

A surveyor does not notice a structural defect when you buy a house.
An accountant gives you incorrect tax advice by failing to inform you about all the tax reliefs available to you.
A financial advisor gives you poor investment advice, such as investing in the wrong pension.
A solicitor carrying out conveyancing work fails to tell you about planning restrictions on a property you are buying.
You are a landlord, and an estate agent or letting agent fails to carry out anti money laundering checks, so you incur a financial penalty.
A structural engineer or an architect designs a building for you that is not compliant with building regulations, so it has to be pulled down.
A doctor or a dentist gives you the wrong treatment, which leads to additional suffering. Healthcare professionals have a duty of care, and if they fail in their duty, our medical negligence solicitors can help.
A vet provides incorrect treatment for your pet which leads to further injury and additional financial cost.

How QualitySolicitors can help you

QualitySolicitors network of partner firms has vast experience with professional negligence disputes. Over the years, we have secured successful outcomes for all types of professional negligence claims.

When you make a claim through us, we promise to keep you updated at every stage of your case. We will talk to you in plain English, clearly explaining any legal terminology. We guarantee you will have direct access to a dedicated professional negligence solicitor who will fight to achieve a fair outcome for you.

If you are a professional who has had a claim made against you, please contact us to find out how we can help. If you have been accused of giving negligent advice, for example, your advice may not be negligent if it was founded on strong evidence. Our professional negligence solicitors can also help you to reduce the risk of another claim against you in future.

What is the process for a professional negligence claim?

Here are the 8 steps of a professional negligence claim:

The other party will notify their professional indemnity insurance company at this stage.

Negligent act occurs

Poor professional advice is received, or a service falls below industry standards. As a result, you suffer a loss.
Potential claim

Our solicitors talk to you to establish whether you are likely to have a valid claim.

For your claim to be successful, we will need to prove the professional owed you a moral or legal duty of care, and that they breached their duty by falling below standards other professionals in their field would meet. We will also need to demonstrate the losses you have suffered due to their negligence.
Claim notification

Once you have instructed us to act on your behalf, we start the claims process by formally notifying the professional at fault of your grievance and the financial implications.
Evidence

We gather evidence to support your claim by instructing an independent expert to advise if the professional has been negligent.

An assessment will be made into the losses and expenses caused by the negligence, which includes any losses you will incur in future.

For your case to be successful, evidence needs to show the professional owed you a duty of care, they breached their duty, and that you have suffered a loss as a result.
Letter Before Action (LBA)

If there is evidence to support your claim, we send the other party a Letter Before Action.

An LBA is a detailed letter that sets out evidence to support your claim and includes supporting documents. In the LBA, we will clearly state how you would like your claim to be settled, and that you are willing to settle out of court.

In many cases, a positive outcome is achieved at this stage.
Negotiations

We present your full case and evidence to the representatives of the professional at fault. We negotiate on your behalf for the best possible ‘out of court’ settlement, based on what we believe a judge would award.

The dispute may be settled through mediation, or another form of alternative dispute resolution, such as arbitration.
Court assessment

If the dispute remains unsettled because the other party does not accept blame, or they offer you an acceptable level of compensation, then the next stage is to start court proceedings.

In court, a judge will decide if the other party is liable, and how much compensation they must pay you.
Compensation

When you win your claim, either through negotiations or the court process, you receive your compensation.

Start a professional negligence claim

QualitySolicitors partner firms specialise in professional negligence cases. We have the experience and expertise to secure the highest amount of compensation for you.

We are dedicated to settling matters outside court whenever possible, to save you time and money. However, if court proceedings are necessary, we have the strong negotiating skills you need to achieve the right outcome.

All QualitySolicitors partner firms are authorised and regulated by the Solicitors Regulatory Authority (SRA), so you can be assured of the highest standard of professional advice.

To find out whether our professional negligence claims solicitors can help you claim compensation, please contact us today on 08082747557.

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FAQs

How are professional negligence claims proven?

Professional negligence claims can only be brought if there is evidence a professional owed you a duty of care, their conduct was negligent, and you suffered a loss as a result.

We can help you gather robust evidence to support your professional negligence claim. This might include witness evidence, emails, letters, photographs of the damage caused, contracts or receipts. If you have had meetings with the other party, then dates of meetings and notes about what was discussed could also help us build a strong case.

How long do you have to bring a professional negligence claim?

Under the Limitation Act 1980, you can normally make a professional negligence claim within 6 years of negligence taking place.

However, if your professional negligence claim falls outside the six-year limit, it is still worth talking to us because the date the clock starts ticking is not straightforward.

What's the difference between negligence and malpractice?

Negligence is when a professional makes an unintentional error that could have been avoided if they had taken reasonable care.

Malpractice is when a professional has been intentionally negligent, and they were fully aware of the consequences. Malpractice is, therefore, a more serious offence than negligence.

Can I sue a solicitor for negligence?

Yes, professional negligence claims can be made against solicitors. They are bound by a professional code of conduct, just like financial advisors, insurance brokers, tax consultants and other professionals.

Solicitors must comply with the high standards set by the Solicitors Regulation Authority (SRA). If a solicitor gives you inadequate advice or makes a mistake that causes you to suffer a loss, then you could sue them for professional negligence.

Consumer rights

You undoubtedly expect life’s daily routine to run smoothly, but sometimes dealing with other people, commercial businesses and public organisations doesn’t go to plan. If so, then don’t suffer on your own; you have consumer rights that are there to support you, which means taking legal advice can often help resolve issues whenever you feel badly done to.

Community care issues

When adults have special care needs, the local authority is often responsible for providing community care services to help support the individual in their daily life. Community care services can include services provided in your own home, or at another location within the community.

Consumer issues - goods and services

As consumers, most of us buy goods and services from companies on a daily basis. And it’s right to expect these to reach an acceptable standard. When they do not, you have legal rights as a consumer to protect you.

Data protection

In today’s modern world, many companies hold sensitive information about individuals - from bank details and contact information to medical information. Whilst companies may need this information to provide us with services or employment, they have a duty to ensure that our information is not misused or shared with the wrong people.

Freedom of information

Public authorities hold a vast amount of information on a wide range of topics. The Freedom of Information Act gives the public the right to access this information. This means you have the right to ask any public sector organisation to provide all of the recorded information they hold on any particular subject.

Human rights and discrimination

As humans, we have particular rights that ensure we can expect to live and be treated in certain ways. These human rights are protected by law. Examples of human rights in the UK include the right to life, the right to an education and the right to a fair trial.