When we hire professionals such as solicitors, surveyors, accountants, or financial advisers, we rely on their skill and expertise to act in our best interests. Unfortunately, mistakes do happen, and when those mistakes fall below the standard expected of a reasonably competent professional, the consequences can be significant. This is where professional negligence law steps in.
When does a mistake become a legal issue?
Professional negligence arises when a professional fails to perform their duties to the required standard, resulting in a client suffering a financial loss or other damage. It is not enough that a professional simply makes an error. The mistake must amount to a breach of the duty of care owed to their client. For example:
- A solicitor missing a key court deadline
- An accountant giving incorrect tax advice
- A surveyor failing to identify serious structural problems
Mistakes like these could all give rise to a professional negligence claim – if the result was that the client suffered a quantifiable loss. So, using the examples above, loss could occur in each case:
- The missed court date meant the client had to pay again for childcare, or take additional time off work
- The incorrect tax advice led to the client having to pay a fine for late tax payment
- The structural problems led to costly damage, which the client had to repair
In some cases, the damage may extend beyond financial loss, including unnecessary stress, wasted time, and reputational harm. These can all be grounds for a professional negligence claim.
How do you know if you can make a claim?
If you believe you have been let down by a professional, it is important to understand when you might have a claim. Generally, a successful professional negligence claim must establish three key elements:
- The professional owed you a duty of care
- They breached that duty by falling below the expected standard
- The breach caused you measurable loss
If all of these three statements are true, you may be entitled to compensation.
Is it worth the trouble to claim?
It’s up to the individual to decide if it’s worth taking action in cases of professional negligence. It’s worth bearing in mind that bringing a claim isn’t only a way to recover losses, but also helps to hold professionals accountable and prevent further harm.
We understand it can be daunting to challenge a trusted adviser. If you choose to work with Complex Law, we’ll give you straightforward advice on the strength of your case and the likelihood of success.
What compensation is available for professional negligence?
Many professionals are required to carry insurance, meaning that compensation is often paid by insurers rather than the individual themselves. This gives clients reassurance that, where negligence is proven, there is usually a realistic prospect of recovering damages.
If a claim is successful, the outcome can include compensation for one or more of:
- direct financial loss (e.g., money lost, costs to fix a mistake)
- consequential loss (e.g., lost investment opportunities or future lost earnings)
- interest on any money lost
- mental or emotional distress as a result of the negligence
The aim is to restore you to the position you would have been in if the negligence had not occurred.
What are my next steps if I believe I have a claim?
At Complex Law, we specialise in professional negligence claims and have experience dealing with cases against a wide range of professionals. Time limits do apply to these types of claims, so early action can be crucial. If you think you have suffered from professional negligence, we recommend seeking advice as soon as possible.
Contact us today to discuss your situation in confidence and find out how we can help
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