Professional Negligence Solicitors across Yorkshire, Cumbria and the North East

Professional Negligence can happen in any profession. Negligence claims are serious, and our solicitors are highly experienced in resolving them in a timely and cost-effective manner.

Professional negligence claims can happen in any profession. They are very serious, and our professional negligence solicitors are highly experienced in resolving them in a timely and cost-effective manner.

What Constitutes a Professional Negligence Claim?

While all professionals strive to provide a high standard of service for their clients, occasionally mistakes are made. A compensation professional negligence claim can be made if the professional has failed to perform to the required standard, causing you to suffer loss.

If the professional is a doctor, medical practitioner or other healthcare worker, failure to meet the standards of their field can constitute a clinical negligence claim. You can learn more about clinical negligence on our blog.

At Newtons Solicitors, our expert team of professional negligence solicitors have extensive experience with successfully representing clients in claims involving other solicitors, surveyors, accountants, financial advisors and insurance brokers.

Suing for Professional Negligence

Many arguments surround the seemingly simple assessment of whether the professional failed to meet the correct standards and if that failure caused loss or damages, including the validity of any limitation of liability clauses, whether losses were reasonably foreseeable and the basis upon which any loss is to be calculated.

For example, case law might dictate that compensation is to be assessed based on the diminution of value, rather than actual costs incurred, as a result of the alleged negligence. Compensation might be limited based on the principle of loss of chance.

How Can Newtons Help?

Professional negligence claims are complex. The fact that a mistake was made does not automatically give rise to a claim for compensation.

Very often, expert witnesses will need to be instructed to give an opinion on the required standard and whether this was breached. Our team is experienced in instructing such experts (and challenging them where required) in line with the questions that will be asked if the case ever comes to court.

Upon discussing your unique case, we will advise you whether we believe you should progress with suing for professional negligence, the investment required and the risks involved. We can also assist with any disputes that may arise as a result of the case and assist with carrying out the appropriate pre-action protocol for professional negligence claims.

A strong presentation of your case from the outset will help achieve an early settlement, avoiding protracted proceedings and legal costs.

Professional Negligence Claims FAQs

How can I prove professional negligence?

In a case of professional negligence, the burden of proof lies with the claimant, who must be able to prove that the defendant (the professional) was negligent.
This means the claimant must be able to prove:
• That the defendant held a responsibility or duty of care;
• That the defendant did not act reasonably or in a manner that someone in their position would be expected to act;
• That losses or damages were incurred by the defendant’s negligence, through either action or inaction;
• That there is a reasonable belief that the losses or damages would not have been incurred had the defendant acted properly.

Who can bring a professional negligence claim?

A case of professional negligence will usually be brought by the person who has suffered any losses or damages. However, if the affected party or parties are unable to bring the claim themselves, then their family or estate (as appropriate) can do it on their behalf.

What are the time limitations on a professional negligence claim?

The primary limitation period is six years, meaning that after the act of negligence occurred, the affected party has six years to bring a claim against them.
Sometimes the exact date of the negligence may not be clear. In that case – or if you did not discover the effect of the negligence until the limitation period was already up – it is best to contact a professional negligence lawyer. They will be able to advise you on the best course of action and what your options are.

Can I make a professional negligence claim against a solicitor?

Yes. At Newtons Solicitors, we have experience pursuing negligence claims against those in various fields, including cases of suing solicitors for professional negligence.

Contact our professional negligence solicitors

If you need specialist legal advice regarding a professional negligence claim, our experts can help. Contact us today to set up a phone call, video conference or in-office meeting with one of our experienced professional negligence solicitors.