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Professional Negligence Solicitors - Compensation Claim Lawyers

Solicitors Helpline 0844 844 9448

A professional negligence solicitor in the United Kingdom takes legal action in order to claim compensation for financial losses incurred as a result of negligent advice obtained from a professional person or organisation including solicitors, barristers, lawyers, banks, estate agents, valuers, surveyors, accountants, architects, financial advisers, asset managers, financial planners, wealth managers, insurance brokers and all manner of other professionally qualified experts.

Professional Negligence Law

In order to succeed in a claim for compensation in a court of law, a professional negligence solicitor must prove that negligent advice has been tendered by an adviser upon which the claimant acted which caused direct financial loss, that was reasonably foreseeable. It is necessary to show that a duty of care existed between the adviser and the client which is usually satisfied by the terms of the contract of engagement that may be oral or in writing. Once the duty of care has been established a professional negligence lawyer must show that it has been breached by negligence which is basically defined as carelessness or recklessness such that a reasonably competent professional person would not have acted in a similar way. Furthermore a professional negligence lawyer must be able to demonstrate that the client acted on that advice and as a result sustained direct financial loss that was a reasonably foreseeable consequence of following the negligent advice.

There are numerous definitions of negligence used by solicitors however in its most basic terms it is a failure to use reasonable care. It is the doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under the same circumstances.

There are three elements to negligence all of which must be present to succeed in a professional negligence compensation claim :-

  • Care

      The duty of care relates to the normal relationship that exists between a client and a professional person and will be clearly established and evidenced by any written contract, exchange of letters or witnessed verbal communication All service providers under a contract (written or verbal) have a duty to provide their service with reasonable skill and diligence, normally within a reasonable time unless specified otherwise.

  • Breach

      To show a breach of the duty of care it must be proved that the quality of work carried out did not reach a reasonable standard or did not reach the standard that other similar professionals would have maintained in similar circumstances.

  • Loss

      To prove loss and justify an award of compensation it must be shown that you are financially worse off than you might otherwise have been had the work been carried out in a competent manner.
      Disappointment is not enough – there must be monetary loss.

Professional Negligence Insurance

Almost all professional people carry a policy of professional indemnity insurance that pays compensation to clients and customers of a negligent professional. In many cases, this is a requirement of the professional body, of which the professional person may be required to be a member, in order to be entitled to carry out their business. In almost all professional negligence claims, when you successfully sue a professional person it will be their insurers who pay the compensation award.

Our solicitors also carry professional indemnity cover to protect them in the event of negligence however, probably more important from our clients point of view is the fact that we also insure the client against loosing a professional negligence claim and thereafter being ordered to pay the defendants legal costs on the well established principal that the loser always pays. The client doesn't pay the premium for this protection – we do.

Solicitors Negotiation

Our professional negligence solicitors always attempt to agree a compensation settlement before they resort to litigation action in a court of law. Our solicitors first approach is to write an initial letter outlining the professional negligence claim and requesting that negotiations begin with a view to settlement. This action usually results in the demand being passed on to liability insurers who may or may not be willing to settle the professional negligence claim. If this informal approach does not succeed, then a formal letter of claim is dispatched to the errant professionals or their representatives which generally results in serious negotiations with insurers prior to transfer to solicitors if service of a summons becomes imminent, due to failed negotiations. Our professional negligence solicitors continue negotiations with the lawyers, notwithstanding that, at the same time; we push on with court action towards a fully contested trial hearing. Nothing concentrates the minds of insurers and defendant solicitors so much as a final hearing date and almost all professional negligence claims are settled by the payment of compensation and legal costs at this late stage, often at the court door, without the necessity of a full trial hearing.

Expert Witnesses

Our expert witnesses are hand picked from a pool of some of the very best individuals and companies in the United Kingdom. Our experts include legal specialists, medical experts, forensic accountants and many other experts who can investigate your case in detail. After our professional negligence solicitors have discussed matters with our expert witnesses we will be in a position to give you a realistic assessment of your situation - we tell you what we think your chances of success will be. We also tell you what we expect you will gain in compensation for your loss and always work to recover the maximum amount you are due.

No Win No Fee Lawyers

If you have been let down by a professionally qualified person we can redress the balance on your behalf. Our dedicated team of professional negligence solicitors deal with compensation claims using the no win no fee* scheme. Our lawyers operate the no win no fee scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client. If you would like to discover whether or not you have a viable claim we offer free advice without further obligation. A professional negligence lawyer will initially take full details over the phone and advise you there and then about our views on liability and the estimated amount of the damages that you are likely to receive in the event of a successful outcome. If you would like to speak to a professional negligence lawyer just use the helpline or email our offices. Do yourself justice – call us now.

Helpline 0844 844 9448

*legal information