FAQs about Negligence Claims
If a professional has provided you with sub-standard advice that has caused injury or financial loss you may be entitled to compensation. The following Q+A will guide you in deciding whether you have a claim and if you do, the procedure that will follow.
Do you have a legitimate claim against a professional?
If the advice given by a professional was inaccurate or a matter was dealt with inadequately then you may be entitled to compensation.
What test should I use to determine whether my matter has been deal with inadequately?
The test which should be applied is whether the professional handled your matter in a way normally considered reasonable for a professional in their field. If the professional is considered not to have behaved in a way generally considered reasonable and this led to financial loss or injury then you are likely to have a legitimate claim of professional negligence against them.
Are there any professionals that are exempt from claims?
Swindon Solicitors have dealt successfully with claims against architects, doctors, accountants and solicitors. A claim can be brought against any professional.
Is it likely that I have a claim?
In order to bring a claim of negligence against a professional, the service provided must fall below the standard usually provided by a competent professional of the same field. It is difficult to measure this without a measuring stick which would enable a comparison with other professionals. This is why it is important to consult an experienced negligence solicitor as soon as possible.
It is possible that a grievance against a professional or poor service will not amount to a claim in negligence. In these types of cases you should approach the relevant professional body so that they can point you in the direction of their complaints service.
What can I claim?
If as a direct result of the negligent advice, you have suffered financial loss, the compensation amount will be relatively easy to calculate. This is because it will be an amount which will put you in the position you have been if the negligent advice had not been taken. In other words you will be recompensed the amount you lost after receiving negligent advice.
What are the legal costs like?
In cases of this kind it will be possible to arrange a no win no fee agreement. This arrangement must be supported by either after the event or before the event insurance. If you have house or trade union insurance you may already be covered.
How soon should I bring my claim?
There is a clock ticking after the negligent act has been committed. The courts will usually not consider a claim which has been commenced more than six years after the negligent advice was given or from the date loss was suffered.
I think I have a claim. What should I do next?
Contact Swindon solicitors for specialist advice.