A Guide To Professional Negligence

In this guide, we’ll be discussing the process of beginning a professional negligence claim. There are many professionals who owe a duty of care to their clients including accountants, surveyors and solicitors. For the purpose of this guide, we will be focusing on the process of claiming against a solicitor who breached the duty of care they owed you and caused you loss as a result.

professional negligence

A guide to professional negligence

The Solicitors Regulation Authority (SRA) set out the standards that are expected from solicitors and lawyers when representing their respective claimants. Later in this guide, we’ll provide examples of how a solicitor could fail to adhere to these standards and how this could cause a person to experience loss.

Additionally, this guide will explore the potential compensation that could be awarded to address the loss you have experienced.

Finally, this guide will discuss how a solicitor from our panel could offer services to help you through the different stages of the claims process.

If you have any further questions pertaining to your potential claim, then you can use the contact information below to get in touch with an advisor. You can reach them by:

Choose A Section

  1. What Is Meant By Professional Negligence?
  2. What Is Professional Negligence In Relation To Personal Injury Claims?
  3. What Else Could Lead To You Making A Professional Negligence Claim Against A Solicitor?
  4. Why Sue Solicitors For Professional Negligence On A No Win No Fee Basis?
  5. Contact Us To See If You Can Make A Claim
  6. Learn More About How To Claim For Professional Negligence

What Is Meant By Professional Negligence?

Negligence on the part of a professional involves the following:

  • A professional, such as a solicitor, owed you a duty of care to provide services that meet the correct standard.
  • They breached this duty of care.
  • You experienced a loss as a result of the breach.

The professional negligence solicitors on our panel have experience in dealing with claims against personal injury or medical negligence lawyers.

If you can demonstrate the three points above, they may be able to begin working on your case. To find out more about the services they can offer, please get in touch on the number above.

What Is Professional Negligence In Relation To Personal Injury Claims?

Professional negligence could arise from a solicitor failing to provide the correct standard of service when handling your personal injury claim.

The SRA outlines the responsibilities they have in the Code of Conduct. For example, as per Section 2, they must comply with court orders and not waste court time. Additionally, Section 3 outlines their responsibilities to provide services in a timely manner.

A failure to adhere to these standards and regulations could lead to you losing the chance to pursue your claim or receive compensation. We have provided examples of how this could happen in the following sections.

My Solicitor Led To My Case Being Struck Out

There are several reasons why a case might be struck out of court. For example, a solicitor might fail to comply with court deadlines or ignore instructions laid down by the court.

As such, part of your claim or the whole case may be struck out of court. This means that you will no longer be able to pursue the case or at least the parts of the case that have been struck out which means you could potentially lose the chance to seek compensation.

This may be an instance of negligence on the part of a professional for which you could be eligible to claim.

My Personal Injury Claim Was Under-settled By My Solicitor

In certain instances, a solicitor may incorrectly advise you to take a settlement that doesn’t reflect the full value of your injuries. This could occur if not enough medical evidence has been obtained to understand the full extent of your injuries. 

Alternatively, a solicitor could fail to include all your financial losses in your claim despite you providing sufficient evidence to prove them.

In both instances, this can lead to you receiving less compensation than you’re entitled to.

Can I Claim If My Solicitor Missed The Limitation Date?

Solicitor negligence could also result in a missed limitation date. This is the time limit in place for beginning a personal injury claim. If this time limit is missed, it could lead to your claim becoming time-barred. This can mean you are no longer able to pursue your case.

There are several ways this could occur, such as:

  • Your solicitor missing court deadlines
  • Your solicitor forgetting about your case

To find out whether you could claim for professional negligence against a solicitor, please get in touch on the number above.

What Else Could Lead To You Making A Professional Negligence Claim Against A Solicitor?

There are other ways a solicitor could fail to provide services that do not meet the correct standard. For example:

  • Unexpected deductions –  For example, your solicitor may have taken more money than they initially said they would take at the beginning of the claim or may have made excessive charges that don’t match the work they have completed on your case. These issues can arise when working with a solicitor on a No Win No Fee basis. 
  • Turned down claims – In some cases, solicitors will turn down a claim before the limitation period expires, despite being contacted with plenty of time to begin work on the case. As a result, you could lose the chance to find alternative representation. This can happen due to a solicitor simply forgetting about the case.

In both of these circumstances, a professional negligence claim could be made provided there is evidence to prove that your solicitor caused you loss after breaching the duty of care they owed you. Call to find out whether you could have an eligible claim.

Why Sue Solicitors For Professional Negligence On A No Win No Fee Basis?

If you have a valid claim, the professional negligence solicitors from our panel could represent your case. They can help you gather evidence to support your case and accurately value how much compensation you could be owed.

Additionally, they could offer their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement which typically means you won’t be expected to pay any upfront or ongoing fees for the services they provide you. Also, in the case that you’re unsuccessful in your claim, you won’t have to pay anything for the work they have completed on your case. 

However, in the circumstance that you’re successful in your claim, you’ll have to pay a success fee out of your compensation. The Conditional Fees Agreements Order 2013 caps the percentage solicitors can take. 

To find out whether a solicitor from our panel could begin working on your case, get in touch on the number above.

Contact Us For To See If You Can Make A Claim

If you have any further questions about the process of beginning a professional negligence claim, including the eligibility criteria that need to be met and the ways a solicitor can help you seek compensation, get in touch. An advisor can offer free advice and answer any questions you may have regarding your potential claim.

To get in touch, you can:

Learn More About How To Claim For Professional Negligence

Please find more of our guides below:

Additionally, you can find more external resources below:

Thank you for reading our guide on the process of beginning a professional negligence claim. If you have any additional questions, please get in touch on the number above.

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