When you instruct a professional – whether that be an accountant, an architect, a veterinary surgeon, or anyone else who provides professional services – they have a legal duty of care to you. If they breach that duty and cause you loss as a result, you could be entitled to compensation for their professional negligence.
At Tanners Solicitors, we are here to help you pick up the pieces when things go wrong. We know it can be extremely frustrating and stressful to be faced with problems after instructing a professional, especially as you probably instructed them to try to make your life easier in the first case.
Our professional negligence claims service allows you to hold the professional accountable for your losses. With us on your side, you will have the best possible chance of achieving a positive outcome, whether that be compensation, further services to correct mistakes, and/or an apology for the distress caused to you.
Our professional negligence expertise
Everyone makes mistakes, but when a professional makes a serious mistake that causes loss to someone who had relied upon them, they can be sued for professional negligence. Be it poor advice, shoddy work, missed deadlines, whatever the issue, we can provide specialist advice about making and pursuing a claim.
In many cases, the professional or their business or practice will be keen to put things right, so many claims can be resolved through an out-of-court settlement or alternative dispute resolution. Having an experienced solicitor on your side means that you have the advantage to negotiate the best possible settlement.
We can provide robust representation on your behalf, including conducting professional negligence court claims.
We can advise in respect of all kinds of professionals, including:
- Solicitors and barristers
- Financial advisors
- Tax advisors
- Mortgage brokers
- Insurance brokers
Why choose Tanners for professional negligence advice?
Our Dispute Resolution team have a wealth of expertise in this area. We offer friendly, practical advice, focusing on minimising your losses and helping you put your life or business back on track.
When you instruct us, you can expect:
- A bespoke service from members of the Professional Negligence Lawyers Association (PNLA).
- A proactive approach with the aim of achieving swift resolutions to your problems.
- A listening ear when you need emotional support.
- A direct line to the lawyer responsible for your case.
- Quick responses to your calls and emails.
- Regular updates throughout.
- Cost-effective solutions.
How do you make a professional negligence claim?
Whatever kind of advice you seek, professionals owe a duty to provide the care and skill you would expect of someone in their profession with their qualifications and experience.
Of course, everyone is human and sometimes mistakes happen. However, if a professional gives you bad advice or a poor service and you experience loss as a result, you may have a case for professional negligence compensation.
To be able to make a professional negligence claim, you need to be able to show that the professional:
- Owed you a duty of care – this will usually be obvious. For example, a lawyer owes a duty of care to their clients. However, there can sometimes be grey areas. For example, a lawyer who provides bad legal advice to a friend who is not an ‘official’ client. Often, a duty of care can also be established in these cases, and we can provide exact advice on where you stand.
- Breached their duty of care – the professional’s standards must have fallen below those of a ‘reasonably competent professional’ with a comparable level of experience and skill in that profession.
- Caused you a loss that was ‘reasonably foreseeable’ – without the negligence, you would not have suffered the loss you did.
We appreciate that these are technical legal concepts, so do not worry if you are unsure whether the professional in your case has ‘breached their duty of care’. We can provide all the advice and guidance you need.
We will always be honest and open about your prospects for making a successful claim, as well as the amount of compensation you could receive. So, if you have been let down by a professional for whatever reason, please do not hesitate to get in touch.
What kind of loss can you claim for?
There are many types of losses you can claim for, such as loss of time, lost opportunities and personal injuries.
You can only claim for losses that would not have arisen but for the professional negligence. This means, if you were going to suffer the loss anyway, you cannot claim compensation for it, even if the professional did breach their duty of care.
For example, if bad advice meant that you missed a lucrative investment opportunity, but you would not have taken the opportunity even if you could, you will be unable to claim compensation.
Examples of what you may be able to get compensation for professional negligence include:
- Financial losses directly caused by the professional.
- Missed opportunities that you would have taken if you had received the right advice.
- Loss of business profits.
- Loss of the financial value of investments.
- Property damage.
- The costs of mitigating your losses.
- Your reasonable legal costs and expenses for pursuing a professional negligence claim.
Are there time limits on professional negligence claims?
The standard time limit for starting a professional negligence compensation claim is six years from the date you suffered the loss (or three years in cases of personal injury).
If you only realised that the professional was negligent later on, it is sometimes possible to argue a secondary three year limitation period from the date that you realised the loss had occurred (or reasonably could have realised that the loss had occurred).
If you are thinking about making a claim, we would advise that you get in touch as soon as possible for advice to avoid missing the limitation or cut-off date. If you miss the limitation date, it can become extremely difficult or impossible to make a claim.
In some circumstances as you can seek the court’s permission (which they will only give if you have a very good reason for missing the cut-off date) to move forwards. In other cases the cut-off is final. We can advise in more detail about the specific position in individual circumstances.