Claiming Compensation for Professional Negligence
Any professional may be negligent when offering advice to, or performing services for clients, and where such negligence causes financial loss, the professional in question will be liable to pay compensation for the damage they have caused. When the services of a professional are engaged, the client has a right to expect they will operate with reasonable care and skill, to the standard one would expect from a competent professional in the same industry. To prove negligence it will be necessary to establish that a duty of care existed, and that the duty was breached in a negligent manner, directly causing real or anticipated financial loss. Where this has occurred the client may pursue a claim for damages, which will be paid out under the indemnity insurance policy that professionals must maintain.
Claims for negligence are most common against professionals whose poor advice or service can cause significant financial loss, including solicitors, accountants, financial advisers, property surveyors and architects. These professions are generally well-regulated, with professional bodies to handle complaints and take disciplinary action against their members. They are not however in a position to refund clients who have lost money due to professional negligence, and for this reason the services of an independent solicitor are normally engaged to pursue a compensation claim. Such claims are often complex, and for this reason it is important for a prospective claimant to ensure that the lawyers they choose to use have experience and a proven track record in successful professional negligence claims.
Both solicitors and accountants may breach the duty of care they owe clients in various different ways. Failure to act promptly on the part of a solicitor may result in a claim becoming time-barred, otherwise a claim may be dismissed automatically if deadlines for submitting documents are not met. Solicitors also regularly make costly mistakes when dealing with property matters, such as failing to renew a lease for example, or committing errors when transferring legal ownership (conveyancing). Accountants may make expensive errors when working on behalf of either individuals or businesses. The miscalculation of tax for example may result in unexpected future liabilities, as well as substantial fines and penalties. Investors may also suffer losses where company assets and / or share prices are over or undervalued.
Property surveyors are relied upon to value buildings and land, and mortgage deals for property buyers depend on their accuracy. This has become a particular problem as the property market in the UK has declined, leaving homeowners locked into mortgages based on unrealistically high valuations. Surveyors are also responsible for determining the structural soundness of property, and identifying defects which may affect the viability of a project, or substantially reduce a property’s value. Architects play an equally critical role in planning and overseeing building projects, and are relied upon by both the client, and other contractors. The architect must ensure that projects are competently planned, and that work is carried out to their specifications. Mistakes in these areas can lead to spiralling costs, and may cause clients to abandon projects altogether.
Bartletts Solicitors are specialists in claiming compensation for loss caused by professional negligence. We will claim compensation on a no win no fee basis meaning that you will only pay legal fees if you win your claim. For more details on professional negligence compensation and negligence solicitor than please visit our website www.suingfornegligence.co.uk
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