Professional negligence solicitors act on behalf of clients who have been the victims of inadequate advice or improper conduct from qualified people and as a result have lost money. Legal action is often taken against lawyers by their former clients however accountants, architects, surveyors, valuers and many other advisers find themselves in a court of law defending compensation claims arising from inadequate advice or improperly performed services.
Most professional negligence solicitors who act on behalf of lay clients in these matters find themselves up against very experienced lawyers who have been appointed by insurers and it is essential that the best representation is made available to take legal action.
Our panel of solicitors are drawn from some of the largest, well respected firms of litigation lawyers in the country. In these cases size often does matter as it provides the resources necessary to run complex legal cases which often require rigorous investigation and detailed forensic analysis. Our Lawyers will provide a realistic appraisal of the strengths of the claim and an estimation of the losses that might be recoverable as a result of negligence.
Professional people usually provide a good service with a high standard of excellence however there are occasions when mistakes are made. In many cases these errors cause significant financial losses to the client who often has little alternative than to take legal action to recover damages.
A professional is under a legal duty to exercise “reasonable skill and care” when dealing with client affairs which means that their standard of expertise has to be the same as others doing the same work in the same geographical area.
The court that decides the issue is not a tribunal of excellence and does not expect the defendant to be an expert on the subject in hand. The defendant must merely show that his behaviour on the occasion in question was reasonable in order to successfully defend a claim for damages.
Once the standard of care has been shown to have been inadequate, the claimants professional negligence solicitors will find it necessary to show that the lack of skill or care actually caused a loss in monetary terms. It may be possible for a defendant to successfully claim that the losses would have occurred in any event, with or without negligent advice. Claims can also be lost if it can be shown that a claimant would never have followed good advice or would have gone ahead and acted in the same way whatever advice had been given.
The final element of a successful claim requires the claimant to actually prove any financial losses however there is one class of losses that cannot be claimed which are those deemed to be ‘too remote’. This means that losses cannot be claimed that do not arise directly from the inadequate advice and only losses that are reasonably foreseeable can be claimed.