020 3963 1936
Select Page

Professional Negligence Solicitors

Professional Negligence Solicitors in London and Essex

Professional negligence arises where a professional (e.g. a doctor, solicitor, accountant, surveyor, financial advisor or broker) fails to perform their responsibilities to the required standard, which results in loss to the client. An example of professional negligence would be a doctor’s misdiagnosis of a medical condition. 

Generally, to succeed with a claim for professional negligence you will need to prove the following legal limbs:

  • You were owed a duty of care by the professional – this will usually (but not always) be a straightforward question.
  • The professional breached the duty of care – this test is met by demonstrating that the professional fell below the expected standard of a reasonably competent professional within the area of expertise. Expert evidence from a similar professional is likely to be required.
  • The breach of the duty of care caused the loss you suffered – there must be a causal link between the negligence and the loss you suffered, which means that your claim will be unsuccessful if you would have suffered the same loss even if the professional was not negligent.

If you succeed in proving your claim, any award of damages in your favour may be reduced based on factors such as whether you were wholly or partly at fault for the loss suffered, whether the loss you suffered was reasonably foreseeable and whether you did anything to minimise the loss suffered. 

You should be aware that, before bringing a claim for professional negligence, you must comply with the court’s pre-action procedure known as the Professional Negligence Pre-Action Protocol. The Protocol is designed to encourage the early exchange of information and the settlement of disputes. 

Under the Protocol, a prospective claimant is required to send a Letter Before Claim to the professional setting out the details of the claim, the basis of it and the losses suffered. It is advisable to incorporate the key documents into the Letter Before Claim.

The Protocol also provides for the professional’s obligations and time limits to respond to the Letter Before Claim in the form of a Letter of Response. The professional should acknowledge the Letter Before Claim within 21 days and provide their Letter of Response within three months. The professional may admit or dispute the claim (either in whole or in part). 

If a settlement is not possible after following the Protocol procedure, then you will need to consider issuing court proceedings. This will formally commence the court’s process, but you may continue to engage in other forms of settlement techniques while pursuing your case. 

If you believe that you have suffered a loss as a result of professional negligence, please contact us to discuss your case and we will advise you on the merits of your potential claim.

Our unique selling point is that we understand what clients want from their lawyers. We will manage your transaction proactively, with careful attention to detail while never losing sight of the bigger picture.

We offer a range of pricing options and will be happy to discuss these with you. As a client-centred law firm, we will be transparent with you about our pricing and actively manage these in line with our agreements.

How we can help with Professional Negligence matters

If you believe that you have suffered a loss as a result of professional negligence, please contact us to discuss your case. Our initial priority will be to consider whether or not your case can be settled on mutually acceptable terms with the other parties. However, where a settlement is not achieved or appropriate, we will work tirelessly to secure the best possible outcome in the most efficient way.

We will give you expert advice and representation from the start-to-finish of your matter. We can help you to navigate through the legal and practical issues, providing you with regular updates as to the progress of your case.

Why you should instruct us for . matters

Client
Centred

We put our clients at the centre of our thinking. It is our mission to create an effortless experience and, in return, we hope to create clients for life.

Commercially Minded

We strive to understand the specific needs of our clients and, using our knowledge and expertise, focus on delivering real-life and practical solutions.

Trustworthy

An essential component of our business is being open, honest, and accountable with our clients, and operating at the highest professional standards.

Innovative Thinking

We encourage our people to think creatively and imaginatively in the legal advice we give, as well as the way we provide services.

Make a free enquiry about our . services

Please call us to make a free enquiry about our services on 020 8123 4567 or email hello@birdilaw.co.uk. 

Alternatively, please take a moment to complete our free enquiry form.