Professional Negligence Claims

Holding Professionals Accountable for Failing in Their Duty of Care

Expert Professional Negligence Solicitors

When you hire a professional—whether a solicitor, accountant, surveyor, architect, or financial advisor—you have the right to expect competent, careful service. These professionals owe you a duty of care, and when they fail to meet the required standards, causing you financial loss or other harm, you may have a professional negligence claim.

At Gary Matthews Solicitors, we specialize in professional negligence claims across all sectors. We understand the complexities of these cases and work with expert witnesses to prove that the professional failed to meet the expected standard of care.

Professional Negligence Expertise

  • No Win, No Fee: No financial risk
  • Expert Witnesses: Leading professionals assess your case
  • All Professions: Claims against any professional service
  • Complex Cases: Experience with technical claims
  • Maximum Compensation: Recover all your losses
  • 24/7 Availability: Call us anytime

Types of Professional Negligence Claims

Solicitor Negligence

Claims against solicitors for errors including missed deadlines, poor advice, mishandling of cases, or failure to progress legal matters properly.

Accountant Negligence

Claims for incorrect tax advice, accounting errors, failure to identify financial problems, or negligent auditing leading to financial loss.

Surveyor Negligence

Claims for inaccurate property surveys, failure to identify structural defects, or incorrect valuations leading to overpayment.

Architect Negligence

Claims for design errors, planning failures, inadequate project management, or specifications that don't meet building standards.

Engineer Negligence

Claims for structural design failures, inadequate inspections, or engineering errors causing property damage or safety issues.

Insurance Broker Negligence

Claims for failure to obtain appropriate insurance cover, inadequate advice on policy terms, or errors in policy arrangement.

Common Examples of Professional Negligence

Solicitor Negligence Examples

  • Missing limitation deadlines preventing you from pursuing claims
  • Failing to properly advise on legal options
  • Mishandling property transactions leading to financial loss
  • Inadequate will drafting causing inheritance disputes
  • Poor representation in court proceedings
  • Conflict of interest situations
  • Failure to obtain proper instructions

Accountant Negligence Examples

  • Incorrect tax returns resulting in penalties
  • Failure to claim legitimate tax reliefs
  • Poor financial advice leading to business losses
  • Negligent auditing missing fraud or financial problems
  • Errors in financial statements affecting business decisions
  • Failure to warn of financial risks
  • Inadequate bookkeeping causing regulatory issues

Surveyor and Property Professional Negligence

  • Failure to identify structural defects (subsidence, damp, rot)
  • Inadequate property valuations
  • Missing planning or building regulation breaches
  • Failure to identify boundary disputes
  • Incorrect measurement of property dimensions
  • Poor quality construction monitoring
  • Inadequate environmental risk assessment
  • Failure to recommend further specialist inspections

Proving Professional Negligence

To succeed in a professional negligence claim, we must establish:

  1. Duty of Care: The professional owed you a duty of care (usually established by the professional relationship)
  2. Breach of Duty: The professional failed to meet the standard of care expected of a reasonably competent professional in that field
  3. Causation: The breach directly caused your loss (not just a mistake, but one that led to actual harm)
  4. Loss/Damage: You suffered quantifiable financial loss or other damages as a result

We work with expert witnesses—leading professionals in the relevant field—who provide independent opinions on whether the standard of care was breached.

Compensation in Professional Negligence Claims

What You Can Claim

Professional negligence compensation aims to put you in the position you would have been in had the negligence not occurred. This may include:

  • Direct Financial Losses: Money lost due to the negligent advice or service
  • Consequential Losses: Additional losses flowing from the negligence
  • Loss of Opportunity: Lost chances to pursue claims or opportunities
  • Property Devaluation: Reduction in property value due to defects
  • Repair Costs: Cost to rectify problems
  • Wasted Costs: Money spent as a result of the negligence

The "Duty to Mitigate"

When professional negligence occurs, you have a duty to take reasonable steps to minimize your losses. This means:

  • Seeking alternative professional advice promptly
  • Taking steps to prevent further losses
  • Not making decisions that worsen your position

Contact us immediately if you suspect professional negligence to protect your position.

Time Limits for Professional Negligence Claims

Important Deadlines

Standard Time Limit: You generally have 6 years from the date of the negligent act, or 3 years from the date you discovered (or should reasonably have discovered) the negligence, whichever is earlier.

Date of Knowledge: The limitation period may not begin until you knew or should have known about the negligence. This can be complex to determine.

Latent Damage: Special rules apply where damage was not immediately apparent.

Don't Delay: Even if you think you might be out of time, contact us. The rules are complex and we can advise on your specific situation.

The Professional Negligence Claims Process

1. Free Consultation

We discuss your case and assess whether you have grounds for a professional negligence claim.

2. Gather Evidence

We collect all relevant documents, correspondence, and records relating to the professional service.

3. Expert Opinion

We instruct an independent expert in the relevant professional field to assess the standard of care.

4. Letter of Claim

We send a detailed letter of claim to the negligent professional outlining the breach and losses.

5. Negotiation

We negotiate with the professional's insurer to secure appropriate compensation.

6. Court Proceedings

If necessary, we issue court proceedings and represent you through to trial if needed.

Frequently Asked Questions

How do I know if I have a professional negligence claim?

If a professional's advice or service has caused you financial loss, and you believe they failed to meet expected standards, you may have a claim. Contact us for a free assessment.

Will pursuing a claim damage my relationship with the professional?

Professional negligence claims are handled by the professional's insurance company. However, the working relationship typically ends when a claim is made. We can advise on alternatives if maintaining the relationship is important.

How long do professional negligence claims take?

These claims typically take 18-36 months to resolve, depending on complexity. Some settle through negotiation within 12 months, while complex cases requiring court proceedings take longer.

What if the professional has gone out of business?

Most professionals are required to carry professional indemnity insurance. Even if they've ceased practicing, their insurer should still cover historical claims. We can help identify and pursue the correct insurer.

Discuss Your Professional Negligence Claim

If you've suffered loss due to poor professional advice or service, contact us today for a free consultation.