FAQs about Negligence Claims

Negligence

Where you are let down by a professional providing a service in their professional capacity you may be entitled to compensation. The following FAQ’s will determine whether you have a claim and what the relevant procedure is.

Is your claim against a professional legitimate?

If you were advised by a professional who gave you wrong information or mishandled your matter then you may be eligible for a claim for professional negligence.

What is the relevant test to identify whether negligence has occurred?

The test is whether the professional has behaved to a standard normally considered reasonable for a competent professional in their relevant profession. If the professional has not behaved in a way considered reasonable and this has led to financial loss or injury you may well have a legitimate claim against the professional.

Which professionals can a claim be made against?

Successful claims have been made against architects, doctors, surveyors, solicitors and accountants. A claim can be made against practically any professional providing you with a service.

Do I have a claim?

If you have received poor service or have a grievance against a professional which does not amount to negligence you will not have a claim.  If you have received poor service you should approach the complaints service of the relevant professional body.

In order to have a claim the service must fall below the legal test which is ‘does the advice fall below the standard usually provided by a competent Professional of the same field’.

If you consider you may have a claim then it is always important to discuss your situation with a solicitor.

What am I able to claim for?

If you have suffered financial loss as a direct result of the negligence advice, these losses are recoverable. The compensated amount should put you in the position you would have been had the negligent advice not been given. You can also claim for any personal injury caused by doctors or other health professionals.

What should I do if I think I have a professional negligence claim?

Contact an experienced professional negligence solicitor. They will review the case, analyse the information before them and provide you with advice and support.

How much will it cost to bring a case against a professional?

If possible we can arrange a no win no fee agreement (conditional fee agreement). This arrangement will need to be supported by insurance. If you have any type of funding such as trade union funding then you may already be covered.

Are there any time limits in relation to the claim?

Most claims require the professional claim to be brought within six years of issuing court proceedings. The six year time limit usually runs from the date when the professional gave negligent advice or the date loss was suffered.