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Making a Professional Negligence Claim

Whether it is your accountant, architect, surveyor or Solicitor, you rely on your professional advisors to carry out their duties competently. But things can go wrong and if you or your business have been let down by a professional it could have a big impact and often wide-ranging losses. In such cases, you may be entitled to recover the losses you have incurred as a result of the negligence.

The first step is to identify if you have grounds for a claim and the losses involved. Then if you want to go ahead, your Solicitors can help you demonstrate the expert evidence required and handle the whole process for you.    

When can I make a claim?

You have five years to raise a claim against a professional for breach of contract or professional negligence from the date that you became aware of the loss you have suffered.
 

Why is an expert report needed for my claim?

While it may seem obvious to you that a professional advisor has let you down, the legal test is more complicated. It requires expert evidence from a professional acting in the relevant industry confirming that no ordinary skilled professional acting with ordinary skill and care would have taken that approach. Your professional negligence claim has to be supported by a professional report.

We can introduce you to the relevant experts and instruct them to provide reports to assess the strength of your claim.
 

How much does it cost?

Funding a litigation is often the last thing that clients want to undertake when they have already been let down by professional advisers. We have a range of funding options that we may be able to offer you, including taking forward claims on a no win no fee basis and working with third party funders.
 

How can Thorntons help?

Our Professional Negligence team are very experienced in handling complex claims and will guide you through the process. We understand that making a claim against a professional is a daunting prospect, and we are here to help make the process as simple as possible for you.

Our firm houses many different disciplines of lawyers, from property lawyers to corporate and intellectual property lawyers. This allows us to draw on their wealth of experience in current practices and their contacts within industry to provide you with the best expert advice in assessing your claim.

To discuss your situation and whether you can make a professional negligence claim call us on 03330 430 350 or make an enquiry online and we will call you back.

We will keep you advised at each step of the process. If litigation is required then we will raise the action on your behalf and act for you in each stage of the process.

If you think you may have grounds for a professional negligence claim, call us on 0330 430 350 or fill in our enquiry form and we will call you back.

Going to court can be a daunting prospect. However, while in some cases court action is necessary, most cases settle before they reach court. At Thorntons, we use all opportunities to help our clients avoid the costs and stress of court if appropriate.

Our team is experienced in alternative dispute resolution, such as mediation and arbitration. If such an approach is the best route for your claim and your circumstances, we will use it to progress your claim outside of the court process. We can discuss those options with you when considering your claim.
 

What is mediation?

Mediation is a voluntary process where you meet with the individual you have the dispute with and a trained neutral mediator to try and come to an agreement about the issue and what should be done about it. The mediator does not tell you what to do but will work with you both to try and get you to reach an agreement.

Mediation can be a useful approach if it is important to have an ongoing working relationship with the advisor or service provider you are currently in dispute with.
 

What is arbitration?

Arbitration is a direct alternative to going to court and is a faster way to reach a resolution on certain issues. An arbitrator can decide on specific issues and their decision has the same force and effect as a court decree with limited grounds of appeal.

Both parties agree on the arbitrator to be appointed and the issues to be decided on.
 

What if court action is necessary?

If your case ultimately does go to court, we will provide you with a close understanding of the process and support throughout.
 

How can Thorntons help?

Our Professional Negligence team can advise you on arbitration, mediation and other alternative resolution methods. We will explain about the different options, answer any questions you may have and advise you on the approach most suitable for your particular circumstances. If you decide to go ahead with one of these options, we will support you through the whole process.

To discuss your situation and whether you can make a professional negligence claim call us on 03330 430 350 or make an enquiry online and we will call you back.

We will keep you advised at each step of the process. If litigation is required then we will raise the action on your behalf and act for you in each stage of the process.

If you think you may have grounds for a professional negligence claim, call us on 0330 430 350 or fill in our enquiry form and we will call you back.

Our Professional Negligence team can guide you through the whole process, from advising if you have grounds for a claim and possible funding through to making a claim and the different courses of action open to you. We work to understand your situation and losses, helping you get back to where you should be.

Step 1: Get in touch to discuss your claim

Step 1: Get in touch to discuss your claim

Contact us on 03330 430 350 or fill in our enquiry form.

Our team of Professional Negligence Solicitors will discuss your claim with you, review any relevant paperwork and advise you on the prospects of your claim. We will also look at the losses you have incurred as a result of the alleged negligence and whether those are recoverable losses. If you do have grounds for a claim, we will explain the process involved.

Step 2: Obtain an expert report

Step 2: Obtain an expert report

You need expert evidence from another professional acting in the relevant industry to support your claim that there was negligence.  We have a wide network of experts and can introduce you to the relevant professionals and instruct them on your behalf to provide a report assessing the strength of your claim.

Step 3: Over to us

Step 3: Over to us

We will formally submit your claim and losses on your behalf to the person or organisation involved. In nearly all cases they will be insured and we will ask them to submit the claim to their insurers.

In cases where the claim is less than £20,000 we can negotiate matters under the pre-action protocol, which may alleviate costs.

We will keep you advised at each step of the process. If litigation is required then we will raise the action on your behalf and act for you in each stage of the process.

If you think you may have grounds for a professional negligence claim, call us on 0330 430 350 or fill in our enquiry form and we will call you back.


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