Frequently Asked Questions

1. How do I make a claim?

There are a number of ways of pursuing a complaint against a professional (for example, claims against solicitors) including making a complaint to the relevant professional body and/or pursuing a complaint through one of the Ombudsman services. However the most common way to pursue a professional negligence claim is through legal proceedings.

The law generally requires someone pursuing a claim to take various steps before issuing court proceedings. These steps are set out in the form of protocols. The protocols require us, as your lawyer, to thoroughly investigate the available evidence and to formulate and send a detailed Letter of Claim. In some cases it is also necessary to obtain expert evidence to support the claim. The professional is required to acknowledge receipt of the Letter of Claim and they usually then pass the matter to their insurers. The professional’s representatives must respond within a set period of time stating whether the professional admits or denies all or part of the claim. If it not possible to resolve the claim at this stage then the next step is to consider court proceedings. A significant number of cases settle without the need to issue proceedings.

If you wish to instruct the team to investigate a complaint against a professional then we would ask you to complete a simple questionnaire which will provide us with the relevant details. This can be downloaded or you can call on 0114 274 4309 and we will send you a hard copy.

Please click here to download the new Claim Questionnaire.

2. How long will it take?

Every case is different which makes it difficult to predict with any certainty how long it will take to conclude a particular case. This can vary depending on the quantity and quality of the available evidence, whether expert evidence is required and the approach of the professional and/or his insurers.

The pre-action protocols set out guidelines about the period within which a professional should respond to a claim. The time period varies depending upon the type of case being pursued. In an average case we would expect to be able to investigate a case, formulate and send a Letter of Claim and receive a detailed response within approximately 6 months of being instructed.

3. Will it cost me anything to make a claim? 

We offer a wide variety of funding arrangement including privately paying fees, conditional fees (known as no win, no fee), after the event insurance and public funding. The team is also appointed to the panels of several large legal expenses insurers.

If you are successful in your claim then the professional will usually repay the majority of your legal costs.

Please click here to download the Standard funding information sheet.

4. Is there a time limit for bringing claim?

There are time limits which apply to professional negligence claims. The way in which these time limits operate can be complex. As soon as you are aware that a professional has been negligent or consider that you have suffered financial loss by their actions you should seek our help. To delay may mean risking the legal validity of your case entirely. It may also limit the options available to you for seeking to resolve the dispute and may prevent us from effectively taking steps to limit your loss.

5. Why should I choose Irwin Mitchell?

We are leaders in our field with unrivalled experience.

We have a proven track record for successfully resolving disputes without the need for litigation.

We offer a friendly, cost effective and professional service.