FAQs professional negligence
How do I know if I have a professional negligence 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 a negligent 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 and legal costs.
How do I make a claim against a professional?
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, including by involving a trained mediator if necessary .If there is no alternative we start court proceedings. About 90% of the court proceedings we start result in an agreed settlement without the need for a trial.
How much will it cost?
On a "no win no fee basis" you do not pay us anything for our own fees unless we win the case. If you win we would normally expect to recover the great majority of our fees from the insurers of the negligent professional. If a barrister is required we have a carefully selected panel of highly competent counsel who are willing to act on a “no-win no fee” basis.
We are often able to reach an agreed settlement without the need for court proceedings. If court action is required, just like all other firms dealing with professional negligence claims, we usually ask client to pay court fees and the cost of any necessary expert's report. We will always discuss and agree with you the level of such costs in advance and explore possible alternative methods of funding. We would normally expect to recover most, if not all of such fees from the negligent professional on winning your case.
In the unlikely event of you losing you may have a liability for the legal fees of your opponents. We will discuss with you taking out insurance to cover that risk.
If you would like to arrange a free, no obligation consultation, please call 0117 926 4121 or make a Free Online Enquiry now.