Helping with Your Professional Negligence Claim
Individuals and businesses often need to use professional services. Solicitors, accountants, financial advisors, or surveyors or valuers give professional advice that their clients rely upon to be accurate. When such advice turns out to be wrong this can cause significant loss and distress. Professional Negligence claims can arise from a number of factors, such as administrative errors, technical or legal errors, or overlooking a client’s best interests.
What Is Professional Negligence?
There are many different ways that individuals or businesses can suffer as a result of professional negligence. On selling a property it may come to light that a boundary or other title defect was not dealt with at the time of original purchase, or on the sale of a property a contract plan may be incorrect, resulting in less land being registered than was purchased and this only comes to light on a subsequent sale. A surveyor may have omitted in a survey report to refer to a defect or problem which they ought to have (for example evidence of knotweed).
Alternatively, during a company purchase, an accountant may have given a clean bill of health to the target company which was not justified and the buyer would have either not proceeded with the sale or would have renegotiated the purchase price if they had been advised differently.
Difficulties with Professional Negligence Claims
Professional Negligence claims can be complex both to pursue and defend. It is always best to seek advice from a solicitor who is a specialist in this area and is familiar with the legal and practical issues that may arise. Any solicitor that takes on such a case will need to be consider whether there has been a breach of a duty of care owed and the extent of any such duty. This will require a detailed analysis of the particular transaction, the scope of the particular retainer or instructions and whether the client was being advised as to a course of action or merely being given information on which to make his or her decision.
Loss caused by Professional Negligence
There will also need to be consideration as to whether any loss has been caused by the breach of duty (for example it may be said that had correct advice been given the claimant would still have proceeded with the transaction being advised upon), and as to whether there is in fact a loss and if so how should it properly be assessed or valued. There may also be limitation issues to be considered (i.e. is the claim time barred). These are all issues which will require you to be professionally advised whether bringing or defending a claim.
Our Professional Negligence Expertise
David Osborne, a solicitor in our Litigation and Dispute Resolution Team, has wide experience of bringing and defending professional negligence claims against a variety of professionals, including solicitors. He regularly works with professional indemnity insurers and is familiar with their attitude to defending and settling claims. He can advise you objectively and fairly on the merits of your claim or defence and any particular difficulties. David can guide you through the process from initial assessment and advice on the merits, to pre-action correspondence and procedure, negotiation of settlement, mediation, and if necessary court proceedings.
If you believe that you may have been given incorrect advice by a professional or if you are a professional facing a claim by a client, please contact David Osborne.
Types of Professional Negligence Claim
In our experience, every professional negligence claim is different, so we build our service around your specific circumstances. Below are examples of some of the more common types of professional negligence claims we deal with at Fraser Dawbarns.
Medical or clinical negligence occurs as a result of poor care from a medical professional and there are several reasons why you may want to bring a medical negligence claim. You may have had an existing condition worsened or developed a new condition as a result of medical treatment. You may be bringing a claim on behalf of a minor or on behalf of someone who is recently deceased. Whatever the circumstances, it is important to get legal advice from a team that can guide you through your claim. Fraser Dawbarns have access to a range of independent medical experts who can prepare reports that can be used as evidence. Our team can help you gather evidence and establish liability. Contact Fraser Dawbarns today for help with your medical negligence personal injury claim.
We started this matter before the COVID 19 lockdown commenced. Despite the difficulties, Rebekah and all of the staff have dealt with our calls and correspondence in a very efficient manner at all times, well done.Client - Wisbech Office
Why Choose Fraser Dawbarns to Help You?
Free Initial Appointment
We offer a free initial consultation for personal injury work so that you can find out more about the process as no cost to yourself and we can establish whether you have a claim. During the free consultation, our solicitor will advise you on the best way to proceed.
For clients making a professional negligence claim, we offer a choice of pricing options to our clients. By offering the choice between undertaking work on either a fixed fee basis or at an hourly rate, we give you the freedom to select the pricing option that best suits you.
Contact Us Today
Our team will help you from the beginning of your case to the end, giving you total peace of mind. If you would like friendly, client focused advice on a wide range of legal issues, get in touch and see how we can help you.
Call or email us today and find out how we can make your life easier.