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Negligent Professional Advice: Making a claim

Negligent Professional Advice: Making a claim

negligent professional advice

Negligent professional advice refers to a situation where a professional provides guidance or recommendations that fall below the standard of care expected in their field, resulting in harm or loss to the client who relied on that advice. Whether it involves a negligent solicitor, insurance broker, accountant, financial advisor, or any other professional, individuals depend on their expertise to provide competent services.

If you suspect that a professional has provided you with negligent advice, consulting with a solicitor specialising in professional negligence claims can provide valuable support.

At Annecto Legal, we connect clients with the right professional negligence solicitors and dispute resolution team to handle their claim effectively. Additionally, we can assist in securing litigation funding for your case.

Our services are tailored to ensure that businesses or individuals who have suffered financial losses or damage due to professional negligence have the best possible chance of seeking compensation.

Who is eligible to make a professional negligence claim?

In order to be eligible to make a claim for negligent professional advice, you must be able to prove the following:

  • The professional owed you a duty of care
  • The duty of care that was owed was breached
  • You suffered loss as a result of the breach, whether that being financial or otherwise
  • The loss caused was reasonably foreseeable

It is crucial to understand that the ability to pursue a claim may vary depending on the specific circumstances of the situation. In England and Wales, the primary time limit for professional negligence claims is set at six years from the date when the negligence occurred or, if later, the date when the claimant first became aware of the negligence.

Choosing the right solicitor

When making a claim for professional negligence, it is not essential to instruct the most expensive solicitor, however; your typical high street solicitor may not be the best choice either. It is imperative to select a solicitor with the relevant specialisation for your case to ensure that they can provide the best legal advice for a favourable outcome.

You should opt for a solicitor with the experience and expertise required to prove professional negligence in the most efficient and cost-effective manner. Furthermore, considering how your solicitor will be perceived by the opposing party is essential.

Moreover, you might want to evaluate your solicitor’s willingness to work on a risk-sharing basis and their experience in dealing with legal funders and insurers. These factors can significantly impact the trajectory and success of your case.

Seeking guidance from specialist professional negligence solicitors as soon as possible can assist in assessing your eligibility to file a professional negligence claim and to ensure that the claim is made within the specified limitation period. It is also important to seek guidance promptly as an expert evidence report may be required, which may take time.

Any solicitor’s practice requires professional indemnity insurance in the event of a claim. Therefore, the insurer is likely to pay for any damages, providing that your claim is successful.

Funding professional negligence cases

Funding a professional negligence claim can be a complex process and will depend on the individual circumstances of the case. Listed below are some of the options for funding a professional negligence case. 

  • Conditional fee agreements – Conditional fee agreements (CFAs), also known as ‘no win, no fee agreements’, are a type of funding arrangement that allows individuals to pursue a claim without paying legal fees upfront. Under a no win no fee basis, the law firm agrees to take on the case and only charges a fee if the case is successful. If the case is unsuccessful, the client does not have to pay these legal fees.
  • Contingency fee agreement – Some professional negligence lawyers may offer to take on a professional negligence case on a contingency fee basis, which means that they will only charge a fee if they are successful in securing a financial settlement or damages. The fee payable to the solicitor is usually a percentage of the amount recovered, and if the case is unsuccessful, the law firm will not charge a fee.
  • After the event insurance – After the event (ATE) insurance is a type of insurance that can provide cover for legal costs in the event that a case is unsuccessful. This option can be particularly useful in cases where the costs of losing a case could be significant. ATE insurance is often used in conjunction with conditional fee agreements.
  • Third party litigation funding – In some cases, third party litigation funders may be willing to provide funding for a professional negligence case in exchange for a percentage of any financial settlement or damages awarded. This option can be attractive for individual who cannot afford to pay for legal fees themselves but have a strong case.

How can Annecto Legal assist?

When a professional fails to provide you with the advice and support you need, it is vital to have an expert on your side. At Annecto Legal, our team of professional advisors help clients to identify suitable legal representation for their professional negligence cases.

With the right legal team, it is possible to put in place the appropriate litigation funding and insurance to take the case all the way to court proceedings, if necessary.

If you are thinking about bringing a professional negligence claim, contact us today. We can help find you the right representation, as well as managing your financial risks and sourcing funding for your legal fees.

Unfortunately, because of the high costs of legal actions in the UK, we only assist in disputes in which the financial value of the claim is over £250,000, at the absolute minimum. We would like to be able to help on other claims, but we just don’t have access to any products that can assist on smaller.

Get in touch

* Annecto Legal can only assist on case where the loss is in excess of £100,000, with the exception of data breach claims. If you need assistance on a claim worth over £100,000, please get in touch using our form or the details below:

Registered Office

Annecto Legal Ltd, 106 Kennedy Building, Murray Street, Manchester , M4 6HS

Phone

0800 612 6587

Email

info@annectolegal.co.uk

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