Professional Negligence
Sometimes even the professionals get it wrong and the results can be seriously damaging to you.
Many professional groups have governing bodies who may set standards for the conduct of the profession and the appropriate level of client care. Where you have received an inadequate service, or there has been misconduct, it is often appropriate to deal with the governing professional body to resolve your complaint.
Whilst you may receive compensation for inadequate service or misconduct, you will not receive compensation for wider financial or other losses. Examples of such losses might be a loss of earnings, loss of profits, physical or mental injury, or loss in the value of an asset such as your home.
We act for potential claimants in cases against professionals who may have fallen below the standards required of them by the law. Claims can be successful where the standard of care is not what it should be and you have suffered loss as a result.
Time Limits
Where you know (or ought reasonably to know) that you have suffered loss or injury as a result of professional negligence, you will need to bring a claim at court within 6 years of the breach of contract and/or the date you suffered loss as a result of the negligent act or failure to act. The usual exception is where you have suffered a personal injury. In those cases, a claim must be started within 3 years of the injury.
If you think that you might be out of time to bring a claim, our solicitors will be happy to discuss it with you. There might be circumstances that extend the time limits. For example, mental incapacity, fraud, concealment or mistake would be relevant, or even where the claimant had not reached 18 years of age at the date of the loss. Equally important is if you were not aware of all of the circumstances of the loss at the time you suffered it. If you are in any doubt about time limits for claims, please call one of our experienced professional negligence solicitors for advice.
Funding
We will discuss your case with you at an initial meeting or on the telephone. If you prefer, you can e-mail us your query. You may wish to supply documentation that you feel is relevant or supports your case.
If we consider that you have sufficient prospects of success, we will offer you a no-win no-fee agreement to help you recover the compensation you are entitled to. Please note that in some cases, before we can make our assessment of the merits of your case, you may need yourself to fund an expert to provide a report on the negligence and/or to report on the value of the losses sustained. The cost of the expert report can vary, but you should budget for around £300 to £500 plus VAT. Your solicitor's fees will be covered by the no-win no-fee agreement.
Solicitor negligence
The kind of breach of duty that arise in solicitor negligence claims will vary according to the type of work undertaken. The following might give rise to a claim:-
Wills & Probate
In these cases, the claim will usually be brought by a disappointed beneficiary who suffers loss as a result of the solicitor failing to execute the Will correctly, in time before the death of the Testator, or where the Will does not reflect the actual intentions of the Testator. See also our Wills & Probate page in respect of Inheritance Act Claims, Contested Probate and making Wills.
Conveyancing
In property purchases, a failure to carry out the necessary searches, or to correctly advise the client about the outcome of those searches is a source of much litigation against conveyancing solicitors. Failing to properly advise on the existence of restrictions on the uses of land, such as rights of way, planning restrictions or tree preservation orders, may all lead to a valid claim. The date of loss in such claims is usually the date of exchange of contracts.
Litigation
The biggest cause of negligence claims against solicitors practising in this field is in respect of missed time limits for bringing claims. If you have had a case which was struck out for being out of time, contact us to discuss.
Barristers
Barristers can also be sued for negligence both for the negligent opinions they have given or in the manner in which they have presented your case at court. Cases can be complicated by the abuse of process rule which might prevent you from being able to sue a barrister where the successful outcome would, in effect, be an attack on the validity of another decision in another court.
Financial Advisors
Claims are brought against Financial Advisors who have either inadequately assessed your risk requirements, or have opted for inappropriate investment options which do not reflect your stated intentions regarding risk. Misrepresentation, negligent misstatement or deceit are also sources of claims against Financial Advisors.
Accountants
Accountancy advice, if negligently or fraudulently given, can lead to a misleading valuation of business assets and liabilities, which can, in turn, result in losses arising to those relying on the accountant's report. Failing to account for taxes and other duties may also lead to fines and other loss.
Clinical and Medical Negligence
Physical and mental injury can arise as a result of the misdiagnosis or failure to refer patients who have critical or other illnesses. Surgery, including cosmetic surgery, is also an unfortunate cause of many claims against hospitals and Primary Care Trusts, whether by virtue of negligently executed surgical procedures or cross infection, such as MRSA or faulty implants.
Surveyors and Valuers
In relation to property and other valuable assets, the statements, reports and advice of Surveyors or Valuers may be cause for a claim if defects are not discovered or negligent under or over valuation occurs. There are different tests for assessing damages in such circumstances and advice from a solicitor will be needed before a claim is commenced.
We act for clients from all over the North of England, including Newcastle and Teesside in the North East, York, Hull, Sheffield and Leeds in Yorkshire, as well as Liverpool and Manchester in the North West.
If you have experienced loss as a result of professional negligence, please contact Kevin Grant on 01904 655 555 to discuss.