Professional Negligence Claims: FAQs

Professional negligence can leave a lasting impact, whether it’s financial loss, emotional distress, or damage to your livelihood.  

If you’re considering making a claim, it’s important to know what to expect. Here, we’ll answer common questions, explain the claims process step by step, and unpack how much compensation you might be entitled to..  

What is professional negligence?  

Professional negligence occurs when a professional, such as a solicitor, accountant, surveyor, architect, or financial adviser, fails to perform their duties to the standard reasonably expected.  

This failure must cause you significant harm, such as financial losses or other damages, as a result of their incompetence or negligence. For a claim to succeed, you’ll need to demonstrate that the professional owed you a duty of care, that they failed to meet that duty, and that their failure directly caused your loss.  

Here are a few examples of what might constitute professional negligence: 

• A solicitor missing court deadlines, handling agreements poorly, or failing to prepare cases properly 

• An accountant offering incorrect tax advice or filing errors leading to financial penalties 

• A surveyor over- or undervaluing a property, resulting in financial loss.  

• A financial adviser recommending unsuitable investments or failing to properly explain the risks 

How do I claim for professional negligence?  

Making a professional negligence claim might feel overwhelming, but the process can be broken down into manageable steps: 

1. Notify the Professional  

The first step is to formally notify the professional or their firm of the issue. This is usually done through a letter outlining the details of the negligence and the harm caused. This initial communication gives them the opportunity to resolve the matter without further legal action.  

2. Gather Evidence  

Strong evidence will uphold your claim. This could include: 

• Contractual agreements or communications with the professional(s) 

• Proof of financial loss or harm 

• Reports or reviews from an independent expert in the relevant field 

3. Follow the Pre-Action Protocol  

The 'Pre-Action Protocol' is a legal framework designed to encourage resolution without court proceedings. Both parties are required to exchange information openly, allowing for the possibility of settlement before the dispute is escalated to litigation. This framework includes a detailed Letter of Claim sent to the professional, their response, and attempts to resolve matters amicably.  

4. Issue Court Proceedings (If Necessary)  

If resolution isn’t achieved, formal court proceedings can be initiated. However, most claims are settled before reaching this stage.  

How much can I claim for professional negligence?  

The amount you can claim depends on the specific circumstances of your case, but compensation generally falls into one or more of the following categories:  

• Financial losses (money lost as a direct result of the negligence, including wasted fees or penalties) 

• Consequential losses (any knock-on effects of the negligence, such as loss of income or missed opportunities) 

• Mental distress (emotional suffering or anxiety caused by the negligence) 

For example, if an architect negligently designed a building that required expensive repairs, you could claim for the repair costs, associated delays, and any rental income lost during the process.  

Alternatively, if a medical professional provided incorrect treatment, you might claim for the costs of corrective treatment, time away from work, and the emotional distress endured throughout the recovery process. 

Given the specificity of negligence claims, it’s often worthwhile to consult with a specialist, such as a professional negligence barrister, to make sure you’re covering all of the appropriate grounds for your case.  

A barrister instructed through direct access – that is, without a solicitor – will be able to advise on your best steps to making a successful claim, as well as represent you in court should it be necessary. 

Is there a time limit on making a professional negligence claim? 

You generally have six years from the date of the negligence or the date you discovered it to bring a claim. However, exceptions may apply; for instance, if the claimant was unaware of the negligence at the time it occurred, the limitation period may begin from the date of knowledge rather than the date of the negligent act or omission.  

For disabled individuals or minors, the time limit might also be extended.  

What next? 

If you’ve suffered financial or personal harm due to professional negligence, know that legal recourse is available to you. The claims process may seem daunting at first, but with the right guidance and preparation, you can work towards securing compensation.

Before starting your claim, ensure you understand the basics: 

• Does your situation meet the criteria for professional negligence?  

• Have you gathered strong evidence to support your claim?  

• Will you need professional legal support in order carry out your claim? 

If you’re considering making a professional negligence claim, Barrister Connect’s specialist professional negligence barristers may be able to help.

You can find out more about our barristers, their expertise, and direct access more broadly here.