Professional Negligence No Win, No Fee Legal Help

Professional negligence is when a professional (solicitor, accountant, architect, doctor, financial advisor, etc.) fails to perform their responsibilities to the standard expected, and you suffer a loss as a result. In simpler terms, it means the “expert” you trusted messed up in a way that a reasonably competent person in their field wouldn’t have. Examples: a solicitor missing a crucial deadline so your case got struck out, an architect designing a building with serious flaws, an accountant giving bad tax advice that costs you money, or a surveyor overlooking major defects in a house inspection. To be negligent, the professional must have owed you a duty of care (if you hired them or they knew you’d rely on their advice, that’s usually clear), they breached that duty by acting carelessly or below par, and that caused you a financial loss or damage . It’s not about an honest mistake that causes no harm, it’s about a blunder that bites you. If all those elements line up, you have a professional negligence claim. Professionals are expected to be skilled and diligent, when they aren’t, the law says you can claim compensation to put you in the position you’d be in if they had done their job right . At WeSueAnyone.com, yes, we even sue other lawyers when they’ve wronged our clients (talk about awkward at lawyer parties!). It’s an important area because people rely on specialists for big matters, and one slip can have serious consequences. Professional negligence law exists to hold them accountable and get you redress.

To succeed in a professional negligence claim, we need to prove three main things (on the “balance of probabilities” … i.e. more likely than not): 1) The professional owed you a duty of care. If you hired them or received advice directly, this is usually straightforward. 2) They breached that duty by not meeting the standard of a reasonably competent professional in that field . Often we measure this against common practice or guidelines; we might use an expert witness to testify what a competent practitioner should have done. Essentially, we show they made a mistake or oversight that an average peer wouldn’t have. 3) That breach caused you a loss. This part is crucial, we must link the negligence to a tangible harm. For instance, if a solicitor’s mistake lost you the chance to win a case, we’d show that the case was winnable and you lost out on compensation. Or if an accountant’s bad tax filing led to penalties, the penalties are your loss. No harm, no claim (even if they messed up). Sometimes causation is contested, like, the professional might say “Even if I did X wrong, it didn’t actually cause the outcome.” We’ll gather evidence to connect the dots. Additionally, we have to show the loss was a reasonably foreseeable consequence of their error (not some bizarre chain reaction). If we prove all the above, duty, breach, causation, loss, then you win the claim. It sounds a bit technical, but that’s our job. WeSueAnyone.com will collect documents, maybe get expert opinions (e.g. another lawyer to opine that your previous lawyer was indeed negligent), and build the case. Many professional negligence claims settle out of court once the evidence is presented, because professionals (or rather, their insurers) often prefer to cut a deal than risk court. But we prepare thoroughly as if going to trial. With the right proof lined up, we can hold even the slickest professionals to account.

You can sue any type of professional who fits the criteria we discussed, duty, breach, loss. Common targets (for lack of a better word) include: Solicitors and Barristers (legal professionals) … e.g. if they mishandled your case; Accountants and Auditors … e.g. gave faulty financial advice or messed up accounts; Architects, Engineers, Surveyors… e.g. building or property professionals who made errors in design or failed to spot issues in a survey; Doctors, Dentists, other Medical Professionals, though those usually fall under “medical negligence” which is a subset of professional neg.; Financial Advisors, Stockbrokers, bad investment advice can be negligence; Insurance Brokers, if they fail to get you proper coverage; Consultants or other Specialists who present themselves as having expertise. Even estate agents, solicitors, veterinarians, pretty much anyone you paid for a specialized service or advice. At WeSueAnyone.com, we’ll first ensure that the person or firm had a professional duty to you (like a contractual relationship or clear reliance on their advice). If yes, and they screwed up, they’re fair game. Most professionals carry Professional Indemnity Insurance , which is good news because it means if you win, there’s an insurer to pay your compensation. (So you’re not just trying to get money out of a potentially bankrupt individual, it’s usually an insurance company that foots the bill.) We always consider that because suing someone with no insurance or assets is pointless. The list of who can be sued is extensive, basically, if they held themselves out as an expert and you relied on them, they should do the job right or compensate you if they don’t . Don’t be shy about holding professionals accountable; they have insurance for this reason and it encourages higher standards.

Yes, like all claims, there’s a limitation period. Generally, you have 6 years from the date of the negligence to sue . For example, if your solicitor missed a deadline on 1st Jan 2020, you’d have until 1st Jan 2026 to file a claim. However, and this is important, sometimes you don’t find out about the negligence until later. Say that missed deadline case: you might not discover the mistake until 2022 when your case is struck out. The law covers this: if you have latent damage that you discovered later, you get 3 years from the date you became aware (or should have become aware) of the negligence, subject to an absolute long-stop of 15 years . So in that scenario, discovering in 2022, you’d have until 2025 (3 years) to claim, even though the mistake was in 2020, but there’s also a 15- year cap from the negligence no matter what. It’s a bit complex, but basically you won’t be time-barred before you even know you have a claim. Still, once you know something went wrong, don’t delay. Three years can zip by. And if it’s within 6 years of the event, definitely act within that. Also note: if the professional gave you flawed advice that has ongoing effects, pinning the exact date can be tricky, we’d figure that out for you. The safest course is to consult us as soon as you suspect a professional’s error cost you. We’ll ascertain your deadline. WeSueAnyone.com is very mindful of the time limits, nothing worse than having a solid claim but being out of time. So we’ll file protective proceedings before the deadline if needed. In short: usually 6 years from negligence, possibly extendable from when you knew of it… but get moving ASAP to be safe.

In most cases, yes. Virtually all bona fide professionals are required to have Professional Indemnity Insurance (PII). Solicitors, for example, must have it (through the SRA regulations) to practice, same for chartered surveyors (RICS rules), accountants (if chartered) and so on . This insurance is exactly for situations like this, when they mess up and owe a client money. So when we pursue a professional negligence claim, we’re really dealing with their insurer behind the scenes. Often, once we notify of a claim, the matter is handed to the insurance company and their lawyers. The good thing about this: if we settle or win, the payout comes from a deep-pocketed insurer, not directly from the individual or firm (who might not afford it). It also means you don’t have to feel too guilty, you’re usually not ruining someone’s life savings; they paid for insurance for this reason. Of course, insurance policies have limits, but typically the required cover is high enough for most claims (solicitors often carry at least £2-3 million in cover, for instance). There can be cases where a professional didn’t renew their insurance or has since ceased trading, in some fields there are safety nets (Solicitors have the Compensation Fund and run-off cover), but it can complicate things. We always check on the insurance aspect early on. If the professional is part of a firm, the firm’s insurance covers it. If it’s a one-man band but certified, they’ll have insurance. When we win a case or negotiate a settlement, the insurer pays out according to the policy. One more thing: because insurers are involved, these claims can sometimes be negotiated sensibly (insurers often prefer to settle valid claims to avoid legal costs). We leverage that in your favor. Rest assured, our aim is to get your losses compensated and that usually comes via the insurer’s cheque. So yes, assuming we’re suing a properly insured professional (and we’d advise if not), you have a high chance of actually seeing the money at the end of the day.