FAQ's for Professional Negligence
How long will it take?
This very much depends on how complicated your claim is. We are obliged to comply with the Professional Negligence Pre-Action Protocol. This means that we are required to send a formal letter of claim to the legal professional which sets out the allegations against them and details of your loss. The legal professional then has three months to provide a substantive response. If your claim is very straightforward, it may be settled shortly after the expiry of this three month period. However, most claims take between nine and twelve months to reach a conclusion where they are settled without issuing court proceedings. In the event that court proceedings become necessary, it could take up to two years for your claim to be concluded.
How much is my claim worth?
Assessing loss in professional negligence claims can be extremely complicated and we will advise you on an individual basis. However, the basic starting point is that the law will aim to put you back into the position that you would have been in had the negligence not occurred.
How do I pay for my claim?
If we think that you have a good professional negligence claim then we will endeavour to find a way for you to fund it. This may include a “no win no fee” agreement or we can investigate third party funding by way of insurance policies for example. It is important to bear in mind that if you are successful, your opponent will pay most of your legal costs. There are several options available in terms of funding your claim. Please click on the link below to go to our funding page. This will provide you with further information on the funding options open to you.
How long do I have to bring a claim?
There are strict time limits within which you must bring your claim for professional negligence. The way these time limits operate can often be quite complex. In most professional negligence cases, you have 6 years from the date that the professional was negligent or the date that you suffered loss, to issue court proceedings for a compensation claim. However, if you can show that you did not become aware of the negligence until later, you will usually be allowed to issue court proceedings up to 3 years from the date you found out, or 6 years from the date of the negligence, whichever is the later.
Have I got a claim?
To bring a successful claim against a professional, you must be able to establish that the professional owed you a duty of care. This is usually relatively straightforward. If you have instructed a legal professional to provide advice or services, it is likely that they will owe you a duty of care. Once you have established the existence of a duty of care, you will then need to show that the legal professional breached that duty. The standard test is whether the legal professional conducted himself in the manner of a reasonably competent lawyer. If not, and their failure to do so has resulted in you suffering a financial loss, then you are likely to have a claim for compensation. We can quickly identify whether you have a good claim against another legal professional.
Which professionals can be sued?
Whether you are an individual or a company, it is likely that you will require the services of a professional in certain situations. This is particularly true when it comes to legal professionals. The need for a legal professional may arise when buying a property, making a claim for compensation or managing your estate to name but a few examples. Broadly speaking, all professionals are expected to conduct themselves in a reasonably competent manner. If they fail to do so and this causes you to suffer financial loss then you are likely to have a claim for compensation. Our expert professional negligence solicitors are trained to deal with a whole host of professional negligence matters. However, our true specialism and expertise lies in suing other legal professionals. We have first hand knowledge of the standards expected in the legal industry and the level of service that should be afforded to you. In the circumstances, we can quickly identify any breach of those standards by another lawyer. If you have been subjected to negligent service or advice from a legal professional, we can advise you about the best way of seeking redress and the merits of your claim.
Disclaimer
The answers to these questions contained in this FAQ document are very general in nature and should not be relied upon in relation to any specific set of circumstances. Specific advice should be sought from Cohen Cramer in relation to your specific circumstances.
They were very good, and handled everything promptly and effectively. I was kept updated every step of the way
