Professional negligence FAQs
How do I know if I have a claim?
To succeed in a claim against a solicitor or other professional adviser, it is necessary to show that:
- A duty was owed to you and the extent of that duty
- The professional has breached that duty
- The breach was such that no reasonably competent professional would have made that mistake
- The breach has caused you a loss
- The amount of the loss
How much can I claim?
If breach of duty can be demonstrated, the usual method of assessing the amount of compensation is to compare what would have happened had the correct advice been given with what actually happened. The difference is the amount that can be claimed, together with interest.
How do I bring a claim?
We start off the claim by preparing a detailed letter setting out the background facts and the compensation required. We try hard to reach an agreed settlement, and involve a trained mediator if necessary. If there is no alternative, we start court proceedings. About 90% of court proceedings we start result in an agreed settlement without the need for a trial. It can take well over a year to get a case to trial, so we try hard to avoid such delays.
In some cases, particularly in lower value claims, it is quicker and easier to make a complaint to the appropriate ombudsman. If you need help we can guide you through that process.
How much will it cost?
On a "no-win no fee basis" we do not get paid unless we win the case on your behalf. If you win we would normally expect to recover the great majority of our fees from the insurers of the negligent professional.
You will need to to pay court fees and any costs of expert witnesses and barristers. Again we would normally expect to recover most of such fees from the negligent professional.
In the unlikely event of you losing, you may have a liability for the cost of the successful professional firm. We usually recommend taking out insurance to cover for this possibility.
If you would like to discuss any aspect of your potential claim, call us on 0117 926 4121 for a free, no obligation consultation.