Professional Negligence

Professional Negligence

If you hire a professional to carry out a job for you, you are entitled to expect them to use a reasonable level of skill and care and to do the work to a standard that you would reasonably expect from a professional.

Unfortunately, professionals do not always meet these standards and if you have suffered loss or damage as a result, you could be entitled to bring a claim against them.

At Thornton Jones, our dispute resolution team can advise and represent you in obtaining compensation. We have extensive expertise in claiming against professionals in a wide range of sectors, including the following:

  • Accountants
  • Architects
  • Financial advisors
  • Insurance brokers
  • Solicitors
  • Surveyors

We also represent professionals in defending claims against them.

Talk to us about making a professional negligence claim today

For expert advice, please speak to a professional negligence disputes solicitor at our offices in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire.

Have a quick question or want to request a call back? Use our online enquiry form.

Our expertise with professional negligence claims

Our dispute resolution lawyers have in-depth experience in dealing with a range of professional negligence disputes and claims. We can put together a strong case on your behalf and discuss your options with you. We will always make sure that you understand what will be happening next and that we are available to discuss progress with you and answer your questions as needed.

Our professional negligence dispute resolution methods

Wherever possible, we always attempt to resolve disputes without the need for litigation. This is usually a faster way of dealing with issues as well as being more cost-effective.

Quite often, we are able to reach an agreement with the other side by sending an initial letter before action, advising them that you intend to bring a legal claim unless they can rectify matters.

Our team have excellent negotiating skills and can negotiate on your behalf to achieve your desired outcome.

Where an issue is not easily settled, we can represent you in mediation, where a neutral mediator will work with both parties to try and find a mutually agreeable solution.

We are one of the few firms in the region to be able to offer arbitration, which is a highly effective form of alternative dispute resolution, meaning you may be able to avoid the need for court proceedings.

If a solution cannot be found and your dispute proceeds to court, we will ensure that you have a robust case and expert representation throughout.

For more information about our services, see our dispute resolution page.

Our professional negligence claims fees

Fixed fee professional negligence claims fees

For some types of dispute resolution work, we can offer fixed fees. This will normally cover a specific piece of work, such as drafting and sending a letter before action or providing an individual session of mediation.

Learn more about our fees and funding.

Hourly rates for our dispute resolution solicitors

Where fixed fees are not applicable, we charge an hourly rate.

We bill in regular instalments and can, subject to your circumstances, agree a monthly payment plan in which interest is charged at 8% per annum on outstanding balances.

All fees are subject to VAT at the prevailing rate.

We may request a payment-on-account of £100 plus VAT when you make an appointment to see one of our solicitors. This payment covers the cost of the initial appointment and the associated work should you choose not to go ahead. If you chose to proceed then your payment-on-account will be deducted from your final bill.

Learn more about our fees and funding.

Conditional fee agreements

For some types of disputes, we may be able to offer conditional fee agreements covering all or part of our fees. This means that part of all of our fees would only be applied if and when we secure a favourable outcome for you.

Learn more about our fees and funding.

Professional negligence claim FAQs

What is professional negligence?

Professional negligence is the failure on the part of a professional expert to provide their service to the required standard. If you believe you have been subjected to professional negligence, it is recommended that you seek legal advice without delay as there are time limits for bringing a claim.

When can a professional negligence claim be brought?

A claim can be made if you have suffered loss or damage as a result of the negligent actions of a professional. For example, where an accountant has failed to advise you about tax relief that should have been claimed on your behalf or where an architect has provided negligent design advice that has meant you have had to spend money to rectify flaws in a building.

What types of professionals can a negligence claim be brought against?

A negligence claim can be brought against someone who has held themselves out to have skills and expertise in a specialised area and who has failed to provide a service to a reasonable standard. Examples of professionals include accountants, solicitors, barristers, architects, IT professionals, financial advisers, insurance brokers, engineers, surveyors and builders.

How are professional negligence claims resolved?

Where a dispute cannot easily be dealt with, there is a pre-action protocol in place which you will need to follow. An initial letter of claim needs to be sent to the professional or their legal representative setting out the relevant details of the case, to include the allegations you are making and details of any losses you have suffered.

The other party will acknowledge this claim and then has three months to respond, either disputing the claim or admitting it and suggesting ways of resolving it.

If the claim is disputed, then alternative dispute resolution can be attempted, and in the event that this is not successful, a claim can be made at court.

What are the penalties for professional negligence?

If your claim is successful, you can expect compensation for your financial loss and in some instances for the inconvenience you have suffered. You will also be able to ask for the costs of rectifying the situation to be paid, for example, remedial building works. Your claim can also include the original fee paid to the professional as well as your legal expenses.

In some situations, you may have lost an opportunity, and compensation for this can be included in your claim.

This is not an exhaustive list and your solicitor will be able to advise you of any additional sums that you may be able to include in your claim.

Contact our professional negligence solicitors in West Yorkshire

For expert advice on professional negligence claims, speak to a lawyer in our offices in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today.

Have a quick question or want to request a call back?  Use our online enquiry form and a professional negligence solicitor will contact you.

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