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Professional Negligence - Frequently Asked Questions

Professional Negligence - Frequently Asked Questions


How much will it cost me to claim?

We handle many cases on a No Win No Fee basis, so it might not cost you anything. We will discuss potential funding options with you when you contact us and advise you of the best way to fund your claim.

Will I have to go to court?

Going to court is really a last resort in professional negligence claims. Most cases settle without the need to go to trial. We will send a letter to the professional in question that outlines your complaint and how much compensation you are looking for. They have 21 days to acknowledge the letter and must formally respond within three months. This process is often enough to resolve the claim, although if the accounts of what happened are very different, it may be necessary to go to court. Where possible we also use other settlement options open to the parties.

Irwin Mitchell is a law firm, can I rely on you to help me claim against other solicitors?

While some law firms are reluctant to take action against other solicitors, we have years of experience of helping our clients to claim following the negligent advice of a legal expert.

How do I prove that the error or bad advice of the professional caused loss?

In some cases it will be fairly obvious that you have suffered loss, for example if you had a clear-cut personal injury claim and your previous solicitor missed the deadline for concluding it. In other cases it may be more difficult, but we can help you to work out what, if any, losses you suffered.

For example, a financial adviser may recommend investments that prove to be “high risk” even though you only wanted “medium risk”. If the investments fall in value, your loss is not the amount of the drop, but what the difference would have been had medium risk investments been made. In certain circumstances, e.g. the 2008/2009 financial turmoil, there may be no difference between the values, in which case there is no claimable loss.

Is there a time limit for professional negligence claims?

You need to bring a claim within six years of the date when a loss is suffered OR within three years of the date you became aware of the mistake if later than six years.