If you believe that a professional person, such as a financial adviser, doctor, accountant or solicitor, failed to perform their responsibilities to the required standard and caused you loss or damage as a result, you might have grounds for a professional negligence claim.
In this blog, our experienced Professional Negligence Lawyers in Gloucestershire consider the steps involved in a professional negligence claim and answer some frequently asked questions.
Step one: Seek specialist legal advice.
Claims brought against professionals for breach in their duty of care can be complicated. Successful professional negligence claims must demonstrate that your loss was a result of a professional’s failure to execute their duties to the required minimum standards and proving that can be difficult.
Strict procedural rules must be followed for bringing a claim and specialist legal advice from an experienced solicitor specialising in professional negligence is crucial.
At Langley Wellington LLP, our dispute resolution solicitors in Cheltenham and Gloucester have the knowledge and expertise to help.
Our skilled team of negligence solicitors advise on claims against professionals, including insurers, brokers, trustees, builders, surveyors, valuers, and accountants. We will work with you to establish the strength of your claim and guide you through every stage of the dispute resolution process.
To find out more about our professional negligence legal service and to speak with our dispute resolution solicitors, please call 01452 521286, email lawyers@langleywellington.co.uk or fill in this contact form.
Step two: Preliminary Notice.
Claimants must send the potential defendant a written notice of their intention to bring a claim as soon as possible. This should include:
- Your details and those of the defendant.
- A brief outline of the claim.
- Information about the level of compensation you are seeking.
- A request that the relevant professional informs their professional indemnity insurer.
After receiving the letter, the defendant then has 21 days to acknowledge receipt.
Step three: Letter of Claim.
The next step is to send a letter of claim to the professional which is a formal notification that you wish to start legal proceedings.
A Letter of Claim must set out various key details, including:
- The identity of all parties involved in the dispute.
- A detailed description of all events relating to the dispute, including the dates on which they occurred.
- All relevant documentation.
- A request for evidence held by the professional pertaining to the dispute.
- Details of all the allegations being made by the claimant against the defendant.
- An estimate of the level of financial loss caused by the alleged negligence, including a breakdown of how that figure was calculated.
- A request that a copy of the Letter of Claim is sent on to the professional’s indemnity insurers.
A Letter of Claim can also include other information, for example, details of whether any experts have been appointed to provide evidence in the case and an indication as to whether you will consider adjudication or mediation to resolve the dispute.
Your Letter of Claim must be as detailed and comprehensive as possible. Your solicitor will advise exactly what it should include and help you compile the necessary evidence.
Step four: Letter of Acknowledgement.
The defendant has 21 days to acknowledge receipt of the Letter of Claim, otherwise the court can impose sanctions.
Step five: Investigations and Letter of Response.
The relevant professional then has 90 days to investigate the incident, gather their evidence and approach any witnesses.
They must then send the claimant a Letter of Response that clearly responds to every section of the Letter of Claim and provide any supporting documentation.
The defendant may choose to propose a settlement at this stage, in which case they will also include a Letter of Settlement with their response that sets out a resolution proposal.
Step six: Dispute Resolution.
If the claimant decides not to settle or no Letter of Settlement is received, further dispute resolution will be required.
Parties involved in a professional negligence claim are encouraged to resolve their dispute through mediation, adjudication, arbitration or another form of ADR wherever possible, although if the case remains unresolved, it can be heard by the court.
Solicitors for Professional Negligence Claims Gloucestershire
At Langley Wellington LLP, our experienced dispute resolution solicitors in Cheltenham and Gloucester handle a wide range of negligence claims.
Regardless of the complexity of your case, or the nature of your claim, our specialist negligence solicitors have the expertise to help.
We can advise on claims against various professionals, including:
- Legal professionals.
- Insurers and brokers.
- Financial advisers.
- Directors.
- Construction professionals.
- Trustees.
- Accountants and tax advisers.
- Surveyors and valuers.
To find out more about our dispute resolution services or to speak with our team, please call 01452 521286, email lawyers@langleywellington.co.uk or fill in this contact form.
This blog is not intended to be taken as advice or acted upon. If you are seeking legal advice, please get in touch with our team of solicitors.
