Kitsons Solicitors

FAQs - Professional negligence

• Q.

  Are there any time limits to bringing my claim?

  A.

  There are time limits that apply to bringing a professional negligence claim and the rules on when a claim expires can be complex.  As soon as you are aware that you may have a claim then you should seek legal advice in order that you don't lose your right to claim.

• Q.

  How will I fund my claim?

  A.

  If we are instructed in your professional negligence claims we will consider various funding options with you including private paying, conditional fee (often referred to as "no win no fee"), and if appropriate costs protection insurance may be available.

  If you are successful in your claim against the professional then they could be ordered to pay some or the majority of your costs.

• Q.

  How long will my claim take to resolve?

  A.

  It is very difficult to predict.  The length of time it takes to resolve a claim depends on what information and evidence is available, the approach taken by the professional, their advisors, and/or their insurers.

• Q.

  What can I do?

  A.

  If you do have grounds to be dissatisfied there are several ways you may seek redress, through legal proceedings, a complaint to the relevant professional body or to one of the Ombudsman services. 

  In order to make a legal claim there are certain preliminary steps that must be followed and these are set out in a pre-action protocol.  As your solicitor we will endeavour to investigate the available evidence, if relevant obtain expert evidence and formulate a detailed Letter of Claim.  The benefit of following this procedure is that often it enables us to settle the claim without actually issuing Court proceedings.

• Q.

  Do I have a claim?

  A.

  If you have used the services of a professional (for example accountant, architect, solicitor, surveyor) then that professional had a duty of care to ensure that your instructions are carried out to an appropriate standard and the advice you are given is accurate.

  If for any reason you are dissatisfied with the service that you received then you may have a claim against them for professional negligence.