If you've been let down by a professional advisor, the consequences can often be disastrous. We often use professional advisors for some of the most high value and complicated situations in our lives or businesses, and it can be stressful and heart-breaking when that trust is misplaced.
What is Professional Negligence?
When we use professionally qualified advisors, such as Surveyors, Solicitors, Accountants etc, they owe a professional duty to you. That duty includes providing reasonable standards and if mistakes are made that lead to you suffering a financial loss, you may have a claim against that professional for negligence.
Who can I sue?
Correctly identifying the professional to sue is the first key task in these cases. This can include:
- Solicitors, Barristers and Legal Advisors: If they have missed a key court deadline; or they have failed to advise you of a risk in a transaction like a house purchase.
- Accountants, Tax Advisors and Financial Advisors: If you've been recommended a bad investment; or if an error in the work has caused you a financial loss.
- Surveyors, Valuers, Estate Agents and Property Consultants: If you've received erroneous advice or someone has missed a problem with the property.
- Construction Professionals, Architects, Structural Engineers and Planning Consultants: If incorrect planning or calculations has caused a projects costs to skyrocket, or worse.
These days there are many other industries that are increasingly added to the list of traditional Professions in this area of law, these can include:
- IT consultants
- SEO consultants
- Blockchain and Emergent technology advisors
- Project Managers
- Software Developers
- Digital Asset Managers
Where do I start?
Quite simply, contact us. We can help you understand what went wrong, and what the law allows you to seek as a remedy. There are 3 key things to identify right at the outset:
- Establish where the professional went wrong.
- Showing the link from the error to the financial loss you've suffered.
- Calculating the compensation due.
We can help you navigate these areas. The usual approach of the court is to try and place you in the position you would have been if the professional had done the job correctly. It's often the case that finding the error the professional made is the easy part. The complicated part of these claims is evidencing the link between the error and the financial loss, and navigating the very complex way that the court includes and excludes different types of financial loss. You'll also need expert guidance on how to neutralise the defence strategies that the Defendant will use to avoid the claim, or reduce its value.
How Long do I have?
The starting point in law is that a Claimant has 6 years from the date of the negligence to bring a claim. This can be extended in circumstances where you only discover the negligence later on. Realistically, you need to act quickly to start putting your best case together, before memories of events fade and key evidence gets misplaced or lost over time.