Professional negligence occurs when a professional that you have instructed fails to perform their duties correctly. As a direct result of this, in addition to the upset and disappointment, you may then suffer financial loss and damage.
We can help you understand your options when it comes to professional negligence matters, and if you are seeking to bring a claim, our expert team are here to help.
As always, the speed of the advice that you receive is vital. Any delays can cost you money and the opportunity to bring a claim before the court.
“What is classed as a ‘professional’ when it comes to establishing a professional negligence claim?”
A professional negligence claim can be brought against entities such as solicitors, accountants, financial advisors, valuers, and surveyors etc.
Get back to business and let us help, call 01482 225566 and chat to our Dispute Resolution Solicitors in Hull & Beverley.
There are strict rules as to when you can bring a claim before the court. The primary limitation for a professional negligence claim is 6 years from when the negligence occurred. The secondary limitation deals with when you may not have realised that you received negligent advice until several years after the event. If you establish that this is the case, then you have 3 years from the date of knowledge to bring a claim. Finally, there is a long-stop period of 15 years from the date of the negligence occurring in which you must bring the claim. We would always recommend obtaining advice on limitation dates due to their complexity and overarching implications.
We would need to meet with you first to discuss the matter and review all the documents. Following which, a letter before action must be served setting out the claim in full, allowing the investigatory time limit to commence.
We must establish that the professional in question owed you a duty of care, and that they have breached this duty, a breach which causes you loss and damage that is connected to the breach.
Not always, but as a general rule it will usually help narrow the issues between the parties. For example, a surveyor may be required to assess the damage and loss to a property following the actions of a negligent party.
Ideally, you will recover a financial settlement that covers your losses. The losses may include loss and damage directly related to the situation, and it can also include a contribution to your legal costs.
If a matter proceeds before the court, and you are unsuccessful, you may be ordered to pay some or all the defendant’s legal fees. The court will assess this if the matter proceeds to a final hearing. You may have incurred you own costs too and of course you may not recover the damages / compensation you sought.
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James Legal is the trading name of James Legal Limited of Planet House, 2 Woodhouse Street, Hedon Road, Hull, HU9 1RJ registered in England and Wales (CRN 6837013). The names of our Directors is available for inspection at our offices. VAT Registration number 970 9396 74. ICO registration number is ZA018952. James Legal is regulated by the Solicitors Regulation Authority (Hull SRA No. 510398 & Beverley SRA No. 664876). The Solicitors Code of Conduct can be accessed via the Solicitors Regulation Authority website.