Compensation for Insolvency Negligence

Yes, we offer a Free Consultation to clients during which you can discuss your professional negligence claim or concern with one of our expert lawyers to determine the scope of the issue, the solutions and how we may be able to assist in achieving the best outcome for you.

Our expert lawyers are experienced in professional negligence claims and recovering compensation. Our lawyers have successfully acted for many clients in recovering compensation for negligence, and have a high success rate of 98% in negligence claims. Our lawyers are described by clients as being among “the best lawyers in the country“.

If you have a professional negligence claim that you wish to discuss with one of our lawyers, please do not hesitate to call us today for a Free Consultation on 0207 459 4037 or complete our booking form.

Professional negligence occurs when a professional fails to perform their responsibilities and duties to a required standard. This error, mistake or bad service from the professional can result in financial loss and damage to you.

For example, professional negligence can occur when a solicitor misses the limitation deadline to issue a claim form at Court and your claim subsequently becomes time-barred, or an accountant fails to properly advise on you on your tax affairs resulting in an assessment or penalty from HMRC.

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent advice on the merits of your claim.

Yes. We consider each claim on a case-by-case basis and we will discuss the different funding options with you to assess what type of funding arrangement would be in your best interest including whether you have an existing insurance policy in place which may provide a contribution towards your legal costs.

We are a price transparent law firm and will provide you with fixed fee options and flexible funding arrangements to ensure that funding your negligence claim is not an issue.

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent advice on the merits of your negligence claim. For more information on funding arrangements, please see our Funding page.

A professional is considered to have expertise and skills in the services they provide. A professional negligence claim can be made against any professional (individual or company) who has failed to perform their responsibilities to a competent standard.

If you think you have encountered negligence, we can help you make a negligence claim to recover your losses against any of the following professionals (non-exhaustive list):

• Solicitors
• Barristers
• Other Legal Professionals (Conveyancers, Legal Executives, Lawyers)
• Engineers
• Architects
• Auditors
• Surveyors
• Valuers
• Accountants
• Tax Advisors
• Financial Advisors, including Banks and Independent Financial Advisors (IFAs)
• Insurance Brokers
• IT professionals
• Professional Trustees
• Estate agents, Letting Agents, Property Management Companies
• Construction professionals and Builders
• Doctors and other Medical Healthcare professionals

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek advice on the merits of your negligence claim and the amount you can recover. Please do not hesitate to give us a call for a Free Consultation on 0207 459 4037.

In order to be successful with your professional negligence claim, you will need to prove that you can meet the professional negligence “test” as follows:

1. Duty of Care – a duty of care is typically evidenced by the written retainer or instruction letter between the professional and client but in the absence of a written agreement it may be implied by the parties’ conduct.
2. Standard of Care – Establish the standard of care expected from the professional in their specific field. This involves comparing their actions to what a reasonable and competent professional would have done under similar circumstances.
3. Breach of Duty – you will need to demonstrate that the service provided by the professional fell below the standards of a reasonably competent professional. The professional is judged by the standard of care of a reasonably competent person in the area in which they hold themselves out as having expertise.
4. Causation/Loss – you will also have to prove that you have suffered loss caused by an error, mistake or bad service from the professional.
5. Damages – Provide evidence of the actual losses or harm you experienced as a result of the professional’s breach. This can include financial losses, emotional distress, or other damages.

The relevant test is whether “but for” the professional’s error, mistake or bad service would the loss have still occurred anyway? A claim will not succeed if you would have acted in the same way regardless of whether the professional had been negligent or not.

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek advice on the merits of your negligence claim.

You have 6 years from the date of the negligent error, mistake or bad service. If you do not bring a claim within the strict timescales, you may be time-barred from bringing a claim for losses suffered, and you will not be able to recover compensation for negligence.

However, if the negligent act was more than 6 years ago, but you have only recently discovered that the advice received was negligent, then the limitation period may be extended by 3 years from the date of you became aware of the negligent act knowledge. However, such claims are more complex and harder to prove. We have written two recent articles which consider this issue in further detail – Can the Limitation period be extended? and When does the Limitation period start for claims against lawyers?

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your claim. We can advise you on any limitation issues in your claim. Call us today for a Free Consultation on 0207 459 4037.

To support your professional negligence claim against your negligent solicitor, gathering and retaining relevant evidence is crucial. Here are some key pieces of evidence you should consider obtaining and keeping:

1. Documentation: Collect all written communications, including emails, letters, and memos exchanged with your negligent solicitor. These documents can provide valuable insights into the negligent advice given and actions taken.
2. Engagement Letter/Agreement: Obtain a copy of the engagement letter or agreement that outlines the scope of work and responsibilities of your negligent solicitor. This document will help establish the terms of your professional relationship.
3. Bills and Invoices: Keep records of the bills and invoices provided by your negligent solicitor. These documents will show the fees charged for the services rendered, and you may be entitled to recover the charges paid as part of your professional negligence claim.
4. Timeline of Events: Create a chronological timeline of the events, actions, and communications related to your case. This can help demonstrate any lapses in the negligent solicitor’s performance.
5. Correspondence with Other Parties: Retain copies of correspondence between your solicitor and other parties involved in your case.
6. Any Damages or Losses: Document any financial losses or damages you have suffered as a result of the alleged professional negligence.

Remember, the strength of your professional negligence claim depends on the quality and relevance of the evidence you gather. It is advisable to consult with our specialist expert professional negligence lawyers to ensure you have the right evidence to support your case effectively and optimise the amount of compensation you recover.

If you have a professional negligence claim, please do not hesitate to call us on 0207 459 4037 for a Free Consultation with one of our expert lawyers. You can upload all the relevant documents onto our secure client portal, Go Transfer.

1. The first step is for you to get in touch with our professional negligence lawyers so that we can assess and investigate your potential claim. You can complete our enquiry form or call us to get started.
2. Unless the relevant limitation period is about to expire (see further below), you are then required to comply with a legal procedure known as the ‘Professional Negligence Pre-Action Protocol’. The protocol encourages the early exchange of information to deal with matters swiftly and cost-effectively, and is designed to encourage parties to settle a dispute early without the need for expensive court proceedings. This process involves sending a ‘Letter of Claim’ to the professional which should set out the factual and legal basis for your professional claim, allegations against the professional, losses claimed and include any documents relied upon to support your claim.
3. The professional is required to acknowledge the ‘Letter of Claim’ within 21 days of receiving it following which the professional may have up to 3 months to investigate the claim and provide a ‘Letter of Response’ in which they can either: (i) admit the claim; (ii) make proposals for settlement or alternative dispute resolution; or (iii) dispute the claim.
4. If settlement is not possible after these steps, the next step is usually to issue Court proceedings with a formal claim form under CPR Part 7 with particulars of the claim.

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim.

A professional negligence claim’s value can vary depending on various factors, including the nature and extent of the negligence, the financial losses incurred, and any non-financial damages. Our expert professional negligence lawyers are regularly instructed on high-value and complex professional negligence claims. We have dealt with claims as low as £50,000 to claims in the region of £15m.

There are several heads of loss which must be considered when quantifying the value of a professional negligence claim including:

• Financial Losses: The primary basis for calculating a professional negligence claim is the financial losses you have suffered due to the professional’s negligence. This could include direct monetary losses, additional costs incurred to rectify the professional’s mistakes, or lost profits.
• Non-Financial Damages: In some cases, you may also be entitled to claim non-financial damages, such as emotional distress or damage to your reputation. These damages can be more challenging to quantify but are essential to consider and must be supported by medical evidence.
• Legal Costs: The legal costs associated with pursuing a professional negligence claim are typically recoverable from the negligent party if your claim is successful. We are often about to act for clients on a no win no fee basis or fixed fee arrangement depending on your circumstances.
• Insurance Coverage: The availability of insurance coverage held by the professional or their firm may also impact the amount you can claim. If the professional has professional indemnity insurance, it can significantly affect the potential recovery. However, professionals will typically have professional indemnity insurance to cover you for losses of up to £3m.

Our expert professional negligence lawyers have extensive experience successfully acting for claimants who have suffered loss because of an act, error or omission by a professional. Our lawyers have been described among the best lawyers in the country, and are perfectly placed to advise you in respect of your case and recover compensation for you.

At Go Legal, we also have in-house accountants and external forensic accountants and experts who will be able to report on the losses suffered, and we can use this report to support your negligence claim to improve the strengths of your negligence claim. This is a unique and important approach which can help improve the prospects of settlement and increase the amounts you may be able to recover significantly.

If you are not sure how much you can claim for your professional negligence, please do not hesitate to contact us for a Free Consultation at 0207 459 4037 and we will conduct an assessment of the value of your claim, and discuss the strengths of your claim.

The Pre-Action Protocol for Professional Negligence Claims is a set of guidelines and procedures designed to encourage early and efficient resolution of disputes involving allegations of professional negligence. Other protocols will apply to different types of legal proceedings.

There are several key points in the pre-action protocol that claimants must comply with before starting Court proceedings for professional negligence including:

• Letter of Claim: Before initiating formal legal proceedings, the claimant (the party alleging negligence) is required to send a Letter of Claim to the professional or their firm. This letter outlines the details of the claim, including the alleged negligence, the losses incurred, and the desired outcome.
• Response: Upon receiving the Letter of Claim, the professional or their insurer has a specific timeframe to acknowledge the claim and investigate its merits. They must provide a detailed response, either admitting liability, denying it, or requesting additional information.
• Alternative Dispute Resolution (ADR): The protocol encourages parties to consider alternative dispute resolution methods, such as mediation, as a means of resolving the dispute without going to court.
• Experts and Evidence: Both parties are encouraged to exchange relevant information and evidence during the pre-action stage. This includes disclosing expert reports that support their positions.
• Costs: The protocol emphasises the need for parties to consider cost-effective methods of dispute resolution and to keep legal costs reasonable.

Following the Pre-Action Protocol is essential in professional negligence claims as it helps streamline the process, encourages early settlement, and can potentially reduce the costs and time involved in litigation.

Our negligence lawyers have a high success rate of resolving negligence claims without Court proceedings because of our unique and thorough approach to negligence litigation (and leveraging your position for success at trial). If you have a negligence claim, please do not hesitate to call us on 0207 459 4037 for a Free Consultation with our lawyers.

Yes, in many cases, a professional negligence claim against a lawyer can be resolved through a settlement without the need to go to court. Settlements are often a preferred approach as they can save both time and costs compared to a court trial. Typically, the process involves negotiation between the parties and their legal representatives to reach a mutually agreeable resolution.

To initiate the settlement process, we will present the evidence of negligence and the damages suffered due to the lawyer’s errors or omissions. This information will be shared with the opposing party or their legal team (and insurers). Both sides will then engage in discussions to find common ground and reach a fair settlement.

The main type of Alternative Dispute Resolution (ADR) commonly used in professional negligence cases is mediation. In mediation, a neutral and independent third party, known as a mediator, helps the parties involved in the dispute reach a mutually agreeable resolution. The mediator does not decide on the case but facilitates communication and negotiation between the parties.

It is essential to have skilled legal representation during the settlement negotiations to ensure that your interests are protected, and you receive the compensation you deserve. If a settlement is reached, the terms will be documented in a legally binding agreement, providing closure to the professional negligence claim.

We regularly represent our clients at mediations often leading to early settlements. Several of our lawyers are also trained mediators and are registered members of the Chartered Institute of Arbitrators (CIArb) and the International Mediation Institute.

Engaging in ADR can have several benefits. It allows for more control over the process and the outcome, as both parties actively participate in the resolution process. It can also be faster and more confidential than traditional court proceedings.

However, it is essential to note that ADR is not always suitable for every case. The appropriateness of ADR depends on the specific circumstances of the claim and the willingness of both parties to engage in the process.

Yes, you can make a professional negligence claim against a company if they have provided services or advice that fall below the expected standard of care. In fact, most claims will be made against a company as they will have assets or monies to compensate you for the damage caused by the negligent advice or act of negligence, and they will typically have professional indemnity insurance.

To pursue a professional negligence claim against a company, you will need to demonstrate that the company owed you a duty of care, breached that duty, and that the breach caused you financial losses or other damages; see above.

It is essential to gather evidence of the company’s negligence and seek legal advice from experienced solicitors specialised in professional negligence claims to assess the merits of your case.

At Go Legal, our expert team of professional negligence solicitors have extensive experience in handling claims against both individual professionals and companies. We can assess the specific circumstances of your situation and advise you on the best course of action. Contact us for a Free Consultation on 0207 459 4037 to discuss your potential claim and explore your legal options.

If you suspect that you have been a victim of professional negligence by a lawyer, it is essential to take the following steps to protect your rights and potential claim to optimise the compensation that you recover:

1. Gather Evidence – Collect and retain all relevant documents, records, and communications related to the professional’s services that you believe were negligent. This may include contracts, emails, letters, invoices, and any other relevant materials.
2. Consult with our expert lawyers as soon as possible – Seek legal advice from our expert professional negligence lawyers. We can investigate and assess your professional negligence claim, review the evidence, and advise you on the strength of your potential claim. We will also come up with a strategy and advise on a tactical approach in the very first consultation to optimise the compensation that we recover for you.

Please note that professional negligence claims have strict limitation periods (usually 6 years). It is crucial to act promptly and seek legal advice as soon as you suspect negligence to ensure you do not miss any deadlines otherwise you may lose the opportunity to make a claim and recover compensation for losses suffered.

Contact us for a Free Consultation on 0207 459 4037 to discuss your potential professional negligence claim and explore your legal options.

Yes, you can still make a professional negligence claim even if the professional involved is facing disciplinary action or has been struck off their professional register. Often a complaint can be made to a regulator against the professional alongside a negligence claim for example where there is fraud or gross negligence involved which breaches standard rules and practises.

The disciplinary action or removal from the professional register does not affect your right to seek compensation for any losses or damages you have suffered due to their negligent actions. In fact, the fact that the professional is facing disciplinary action or has been struck off may even strengthen your claim as it could be seen as evidence of their incompetence or misconduct. However, it is important to note that the outcome of the disciplinary action or the professional’s removal from the register does not automatically guarantee success in your negligence claim.

To succeed in a professional negligence claim, you will need to prove that the professional owed you a duty of care, breached that duty, and as a result, you suffered financial or other losses; see above.

It is advisable to seek the advice of an experienced professional negligence solicitor who can assess the merits of your case and guide you through the legal process to maximize your chances of a successful claim.

Please call us today for a Free Consultation on 0207 459 4037 or use our booking form below to discuss your potential professional negligence claim and explore your options.

Professional negligence occurs when a professional fails to perform their responsibilities to the required standard. If have suffered negligence from a professional it is important to understand at the outset the possible defences the professional (and their insurer) could use in response to a claim for negligence.

Our experienced professional negligence lawyers are well-versed in the nuances and tactics adopted by professionals (and their insurers) to reject or reduce the claim. In our experience, the typical defences to a professional negligence claim can include:

1. Standard of Care: The professional may argue that the service met the ‘reasonable’ standard expected of a similar professional in the same circumstances.

1. Contributory Negligence: The claimant’s actions or omissions contributed to the alleged loss or damage.
2. Limitation Period: The claimant brought the claim after the legal time limit (usually six years from the date of the negligence or three years from the date of knowledge of the negligence).
3. Causation: Establish that the breach of duty did not cause the claimant’s loss. This challenges the link between negligence and the harm suffered.
4. Exclusion Clauses: The professional’s contract may contain clauses limiting or excluding liability for certain losses.
5. Mitigation of Loss: The claimant failed to take reasonable steps to minimise or prevent their loss after the alleged negligence.
6. Illegality: The claimant was involved in an illegal act which contributed to their loss.
7. Novus actus interveniens: An intervening act breaks the chain of causation between the professional’s negligence and the claimant’s loss.

Understanding these defences and potential weaknesses in your negligence claim can be invaluable, and can be key to reaching an amicable and early resolution of your claim (and making early offers to protect your legal position).

If you have a negligence claim or complaint against a professional, please do not hesitate to contact us today for a Free Consultation at 0207 459 4037 and our lawyers can advise you on the strengths of your claim and the amount you may be able to recover for your losses.

Contributory negligence is an argument that could be raised by the professional’s defence team in response to a claim for negligence. It essentially seeks to argue that your own negligence or actions contributed to the loss or damage you suffered.

However, this is only a partial legal defence and even if successfully argued, the professional’s liability for your losses will only be reduced to take into account a contribution towards your losses.

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover. Please do not hesitate to give us a call today on 0207 459 4037 for a Free Consultation with our expert negligence lawyers.

Yes, you may still be able to make a professional negligence claim even if you have accepted a settlement from the professional involved. Accepting a settlement does not automatically prevent you from pursuing a professional negligence claim. However, it will certainly make it more difficult and may have implications on the amount you can claim or the legal remedies available to you.

When you accept a settlement, you typically agree to resolve the dispute in exchange for a certain amount of compensation or other benefits. It’s essential to review the terms and conditions of the settlement carefully, as some agreements may include clauses that release the professional from any further liability or claims related to the matter i.e. full and final settlement of all claims.

If you have concerns about the settlement’s fairness or believe that you have a valid professional negligence claim beyond what was covered in the settlement, it is crucial to seek legal advice promptly. We can assess your situation, review the settlement agreement, and determine if there are still grounds for pursuing a claim.

Yes, there are alternative dispute resolution (ADR) options available for professional negligence claims in the UK. ADR is an alternative to going to court and can be a more cost-effective and time-efficient way to resolve disputes.

Our lawyers have a high success rate in settling disputes by way ADR early on sometimes before legal proceedings are started. Our approach is unique and very thorough, and we will leverage your position to put you in a strong negotiating position.

The main type of ADR commonly used in professional negligence cases is mediation. In mediation, a neutral and independent third party, known as a mediator, helps the parties involved in the dispute reach a mutually agreeable resolution. The mediator does not make a decision on the case but facilitates communication and negotiation between the parties.

Our lawyers regularly represent our clients at mediations often leading to early settlements. Several of our lawyers also trained mediators and are also registered members of the Chartered Institute of Arbitrators (CIArb) and the International Mediation Institute.

Engaging in ADR can have several benefits. It allows for more control over the process and the outcome, as both parties actively participate in the resolution process. It can also be faster and more confidential than traditional court proceedings.

However, it’s essential to note that ADR is not always suitable for every case. The appropriateness of ADR depends on the specific circumstances of the claim and the willingness of both parties to engage in the process.

We will assess your case’s suitability for ADR and discuss the best course of action with you in our first consultation. Our goal is to achieve the most favourable outcome for your professional negligence claim, and we will guide you through all available options, including ADR, to resolve the matter for you.

There is no limit on the amount of money you may be able to recover from a professional. However, as a general rule, damages are assessed from the date of the breach i.e. the date of the professional’s error, mistake or bad service. The general principle is that you should be put back in the position you would have been in had the professional not been negligent.

The loss must have been caused as a direct result of the negligence and it must have been reasonably foreseeable.

Professionals will usually have professional indemnity insurance to cover any loss or damage caused to you by a negligent error or service (and that insurance policy will also cover the majority of your legal costs of bringing the professional negligence claim). For example, solicitors normally have minimum insurance cover of £3 million.

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover.

We often get asked whether we are able to accept instructions on a “no win no fee” basis such as a Conditional Fee Agreement (“CFA”) or a Damages Based Agreement (“DBA”).

We consider each claim on a case-by-case basis and we will discuss the different funding options with you to assess what type of funding arrangement would be in your best interest including whether you have an existing insurance policy in place which may provide a contribution towards your legal costs.

We also have relationships with litigation funds and after-the-event insurers that may be able to provide funding at discounted rates for your claim based on our opinion of your claim.

In the event that your professional negligence claim is successful, we have an excellent track record of being able to recover the majority of your legal costs from the professional (and their insurer).

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim.For more information on funding arrangements, please see our Funding Options page.

Professional indemnity insurance plays a vital role in professional negligence claims. Indemnity insurance is a type of insurance that professionals, such as solicitors, accountants, architects, and others, obtain to protect themselves and their clients from potential financial losses arising from professional errors, omissions, or negligence.

For professionals, having professional indemnity insurance is not only a legal requirement in many cases to allow them to practise but also a way to demonstrate their commitment to providing quality services to their clients. It gives clients peace of mind, knowing that they are protected in the event of any professional mistakes or negligence.

When you work with a professional, such as a solicitor, and they make a mistake that causes you harm or financial loss, you may have grounds to make a professional negligence claim against them. In such cases, their professional indemnity insurance can come into play.

If a professional negligence claim is successful their professional indemnity insurance can cover the damages and costs for your compensation claim. This ensures that you, as the client, are able to receive the compensation you deserve for the harm caused even if the negligent professional has closed down.

It is important to note that each professional’s insurance policy may have different coverage limits and exclusions. If you believe you have a professional negligence claim, it is advisable to seek legal advice from an experienced lawyer who can guide you through the process and help you understand the role of professional indemnity insurance in your specific case. Call us today for a Free Consultation on 0207 459 4037.

To support your professional negligence claim, gathering strong and relevant evidence is crucial. The following types of evidence can be valuable in building a compelling case:

1. Documentation – Collect all relevant documents related to your interactions with the professional, such as contracts, invoices, emails, letters, messages, attendance notes and any written communication.
2. Correspondence – Preserve all correspondence exchanged with the professional, including letters, emails, and any communication that highlights issues or concerns.
3. Financial Records – Keep records of financial losses or damages resulting from the professional’s negligence, such as invoices, bills, or financial statements.
4. Timeline of Events – Create a detailed timeline of the events or simple chronology leading up to and after the alleged negligence occurred. This can help demonstrate the sequence of events and their impact on your situation.

Remember, the strength of your evidence can significantly impact the outcome of your professional negligence claim.

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover.

Please call us today for a Free Consultation on 0207 459 4037 or use our booking form to discuss your potential professional negligence claim and explore your options.

Yes, in a professional negligence claim, you may be eligible to claim compensation for both financial and non-financial losses.

Professional negligence occurs when a professional fails to meet the standard of care expected in their field, resulting in harm or losses to their client.

Financial losses refer to direct monetary damages you have suffered as a result of the professional’s negligence. This can include things like financial investments gone awry, lost business opportunities, or additional expenses incurred due to the professional’s errors, or loss of chance to pursue a claim.

Non-financial losses are intangible harm or distress caused by negligence. This could involve emotional distress, reputational damage, or even the impact on your personal life due to the professional’s mistakes.

When pursuing a professional negligence claim, it’s essential to assess all the ways the negligence has affected you, both financially and emotionally. Properly documenting and quantifying these losses will help ensure you receive fair compensation for the harm caused.

As experienced professional negligence lawyers, we understand the complexities of these claims and can help you navigate the legal process to seek the compensation you deserve for all your losses. Our team will work diligently to build a strong case and represent your best interests throughout the proceedings.

Yes. If the professional who acted for you has raised an invoice which you paid or remains unpaid and the professional is chasing you for payment, then you may be able to challenge the bill and start professional negligence proceedings.

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim in particular it is best to seek advice before the professional starts debt recovery proceedings against you for any unpaid invoice.

Yes. As a claimant, you have a duty to mitigate your losses.  This means that you must take reasonable steps to minimise your loss and avoid steps that increase your loss. If you fail to mitigate your losses, you may be unable to recover damages for losses from the negligent professional which could have been avoided by taking reasonable steps to mitigate your losses.

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover. Please do not hesitate to call us today for a Free Consultation.

It may be difficult to claim for distress, inconvenience and upset arising from negligence.  Loss should normally be financial (or quantifiable). But, if you can show that the negligent act caused you distress from which you suffered some financial loss then we may be able to claim such losses on your behalf. However, evidence will be required to show link between the distress suffered and the negligence including medical evidence.

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover including any losses for distress or inconvenience.

Yes, you can make a professional negligence claim even if you are still using the services of the professional. It will not prevent you from seeking compensation for any losses or damages caused by their negligence. However, you will have to consider whether your best interests are served by continuing to use that professional and whether there is a conflict of interest.

Professional negligence claims are based on the principle that professionals owe a duty of care to their clients. If a professional breaches this duty of care and their actions or advice result in harm or financial loss to you, you may have a valid claim for professional negligence.

It is essential to remember that the law allows you to seek redress for any losses you have suffered due to the professional’s negligence, regardless of your ongoing relationship with them. If you believe you have a potential claim, it is advisable to seek legal advice promptly. Our skilled and experienced lawyers can assess your case, determine the strength of your claim, and guide you through the process of seeking compensation.

Keep in mind that professional negligence claims can be complex, so having an experienced legal professional on your side can significantly improve your chances of a successful outcome. If you have concerns about the services provided by a professional and believe you may have suffered as a result, do not hesitate to consult with a solicitor to understand your rights and explore your legal options. Please call us for a Free Consultation on 0207 459 4037 today.

If a professional offers to settle your professional negligence claim outside of court, it is essential to approach the situation carefully to protect your rights and interests. You have to be aware that the professional want to settle the claim cheaply with you, and the offer does not represent your losses in full. We suggest taking the following steps:

1. Consult with our firm – Before accepting any settlement offer, it is crucial to consult with our expert negligence lawyers. Our expert professional negligence lawyers will assess the offer’s fairness and whether it adequately compensates you for the damages caused by the professional’s negligence. We will ensure that you don’t accept an offer that may not fully compensate you for your losses and we will work to optimise the amount that you recover. If necessary, we will work with our in-house accountants and forensic accountants to prepare a report on the losses you have suffered but for the negligence.
2. Review the Offer in Detail – Carefully review the settlement offer and understand its terms and conditions. It should cover all the aspects of your claim, including the extent of the damages, costs incurred, and any future losses you may face as a result of the professional’s negligence.
3. Evaluate the Strength of Your Case – We will evaluate the strength of your professional negligence claim to determine if it is in your best interest to settle outside of court or pursue legal action in court. Factors such as the strength of evidence, potential legal costs, and the likelihood of success will be considered throughout by our lawyers.
4. Negotiate if Necessary – If we believe that the settlement offer is not fair or doesn’t fully compensate you, we can negotiate on your behalf with the professional or their representatives. Many of our lawyers are experts in negotiation and are mediators as well, and we have extensive experience in obtaining and increasing compensation for clients.

Remember, settling a professional negligence claim outside of court can save time and legal expenses. However, it is vital to ensure that the settlement offer adequately compensates you for your losses and that you fully understand its implications. Having our skilled lawyers by your side will help you navigate this process and make the right decisions for your case.

The timeline for professional negligence claim can vary depending on the complexity of the case, the evidence and the cooperation of the parties involved. Generally, it is essential to understand that each negligence claim is unique, and there is no fixed duration for resolving such matters. However, our lawyers have extensive experience in dealing with professional negligence claims and can provide a general overview of the typical stages involved:

1. Initial Assessment – At the outset, our negligence lawyers will conduct a thorough review of your case to assess its merits and gather necessary evidence from you and the professional.
2. Pre-Action Protocol – Before initiating formal proceedings, we will follow the Pre-Action Protocol, which involves notifying the other party and allowing time for them to respond. This stage can last 3-6 months typically.
3. Negotiation and Mediation – In many cases, negotiation or mediation can lead to an early resolution. This process can take a few weeks to several months, depending on the complexity of the issues involved and the cooperation of the negligent professional (and their insurer).
4. Issuing Court Proceedings – If a settlement cannot be reached through negotiation, we may initiate court proceedings. This step can extend the process, with a duration that varies depending on court availability and caseload.
5. Disclosure and Evidence Gathering – Both parties exchange evidence and documentation to support their respective positions. This phase may last a few months.
6. Trial Preparation – If the case proceeds to trial, we will prepare thoroughly for the court hearing. This may take a few months.
7. Trial – The trial itself can last for several days or weeks, depending on the complexity of the case.
8. Judgment and Resolution – After the trial, the court will issue a judgment. If successful, we will work to ensure that you receive the compensation or remedy you deserve. The overall process can take several months to complete.

Please note that the timeline can be affected by various factors, such as the court’s schedule, the willingness of the parties to cooperate, and the complexity of the legal issues involved.

Our dedicated team will strive to handle your case efficiently while aiming to achieve the best possible outcome. We understand that time is crucial, and we are committed to guiding you through the process as smoothly and quickly as possible to achieve an optimal settlement for you to compensate you for losses suffered.

It is not uncommon in professional negligence cases for the negligent professional to deny liability (at least initially). We have extensive experience in dealing with professionals that deny liability and then take a different approach when we are instructed.

Our experienced team of professional negligence solicitors will thoroughly examine the evidence, gather relevant documentation, and assess the merits of your claim. We will then present a strong and persuasive argument to support your case and counter the professional’s denial.

Throughout the process, we will strive to negotiate a fair settlement on your behalf, but if necessary, we will not hesitate to escalate the matter to court proceedings. Rest assured, we are well-versed in handling complex professional negligence disputes and will work tirelessly to achieve the best possible outcome for you.

Remember, even if the professional denies any wrongdoing initially, it doesn’t mean your claim lacks merit and this is typically a tactic they adopt in the early stages. With our dedicated legal team by your side, we will diligently pursue your claim and seek the compensation you deserve. Our commitment is to protect your rights and interests throughout this challenging process.

Each insurance policy is different but it is likely that the professional’s indemnity insurance will cover instances where the professional has been negligent. The professional will be able to make a claim under the policy for the losses you have suffered as a result of their negligent error, mistake or bad service.

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover. We will be able to obtain a copy of the insurance policy from the professional for us to consider whether the policy covers losses arising from negligence.

To to formally start a professional negligence claim, you must issue a claim form under CPR Part 7 which sets out the details of the claim including the remedy you want.

The Claim Form must be filed at Court within strict time limits and the relevant court fee paid (or otherwise complete an application to have your Court fees waived if you are unable to pay it).

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek advice on the strengths of your negligence claim.