Suffered a financial loss due to professional negligence?
When you or your business hires a professional, you are placing your trust in their ability to do their job. Unfortunately, some professionals fail to meet that responsibility, breaching their duty of care. This can leave you out of pocket and in a considerably worse position through no fault of your own.
A professional is a person who has specialised training which makes them qualified for their role and title. This can include, but is not limited to; solicitors, conveyancers, barristers, surveyors, architects, engineers, accountants and insurance brokers.
By law, professionals offering their services are duty-bound to perform to – at the very least – a reasonable level of competency. If a professional has failed to meet this standard and this failure has caused you or your business to suffer a loss, financial or otherwise, then you may be able to sue for negligence. You can do this even if the advice or service offered was free.
Professionals in many areas are required by law to hold specific insurance that covers their activities, called professional indemnity insurance. This insurance is designed to cover the professional in the event a claim is brought against them.
If you believe you have grounds for a professional negligence case, or, if you would like advice on whether you have a claim, speak with a member of our team. We offer a free initial consultation to hear your story, assess your claim and determine your likelihood of success.
If we take your case on, we will carry out further investigations and compile evidence to support your claim, which may involve obtaining documents from you and other parties or engaging an expert witness to provide their views.
We will then follow the required pre-action process. This involves sending a formal letter of claim detailing the allegations being made against the professional. The professional is then given time to carry out their investigations and respond in full to the allegations indicating whether they admit liability to you or not. They may make an offer to settle your claim at this stage, but if not we will assess their response and, if appropriate, enter into further correspondence with them.
We will always seek to enter into negotiations with the professional if possible, but if this is not appropriate or negotiations are unsuccessful, we will pursue your claim to court if appropriate.
Should your claim be eligible, we will offer a Conditional Fee Agreement, otherwise known as a no-win, no-fee agreement. This means you have nothing to pay upfront and nothing to pay until your case is successful. If your case is unsuccessful, you will have nothing to pay. We are also flexible in offering other funding options.
Our professional negligence team is highly experienced and is on hand throughout the entire process to support and guide you through your case and to earn for you the compensation and redress you deserve.
Personal injury/litigation errors – undersettlement, pursuing the wrong defendant, failing to comply with court orders and time limits.
Failing to advise you of important issues in a property transaction.
Wills and probate errors – drafting a will incorrectly so you lose your intended inheritance, wrong advice when administering an estate.
Failing to identify key issues with a property that would otherwise deter a buyer, including right-of-way access, the presence of a septic tank, or building restrictions.
Structural miscalculations and design errors that result in defective construction.
Failing to advise on potential issues with planning permission. Incorrect design specifications. Inaccurate budgeting. Inadequate provision concerning the listed status of a building.
Failing to advise that a claim lacks merit or making errors in drafting documentation, causing damage to a claim.
Wrongly advising on an insurance policy unsuitable for their client’s needs. Offering negligent advice that leads the client to be underinsured. Failing to update a policy as the needs of the client change.
Providing incorrect or misleading advice on investments or offering inappropriate tax avoidance schemes. Offering incorrect advice on tax issues. Incorrectly valuing stocks and shares.
Failing to identify key issues with a property including but not limited to; subsidence, defective building materials, damp and rot, asbestos or unusual and potentially costly maintenance requirements.