Professional negligence is the area of law involved when a client wishes to bring a claim against a person for poor services or bad advice. Claims can be formulated against
- solicitors ( we specialise particularly in the mishandling of personal injury claims)
- construction professionals,
- insurance brokers,
- financial advisors and
- anyone who holds themselves out as having a special knowledge, trade or business skill.
Where the claim is against a medical professional, the claim is one of clinical negligence, and there is a separate page under our injury section concerning these claims.
Where the claim is against childrens' social services please look at our child-care claims page.
Obligations owed by such persons to clients/customers can arise through contractual obligations to carry out a service to proper standard/with implied reasonable skill and care or through the law of negligence. If the duty is broken or there is an impaired standard of service, a claim for compensation may arise when there is a financial loss as a result, caused by the impaired standard of service.
It is often necessary to obtain a report from a fellow professional commenting critically on the services afforded to the client and a separate report may be necessary to establish the losses caused by the breach.
We have experience of running professional negligence claims and operate in a niche area of bringing claims against local authorities for failure or delay in taking neglected children into state care.
Many professionals carry liability insurance and these claims can be funded by no win no fee arrangments in the right type of case.
Many claims for personal injury arising in Newcastle under Lyme or Stoke on Trent are being sent out of the area to be handled by firms at the other end of the country who never see the clients face to face.
In 2013 the firm of Raleys Solicitors was found guilty of negligence for under-settling a client's case when it failed to make a proper assessment of what the claim was worth because it never met the client face to face. If you think your injury compensation claim may have been under-settled you may have a claim against your former solicitors or claims managers for negligence. Please contact us if you would like further information on this.
Many personal injury claims these days are run under no win no fee agreements but without insurance backing the claim. This is because the costs of the insurance are passed on to the client after 31st March 2013. Unless you have been clearly advised and you agree to run the claim without insurance, you could well have a professional negligence claim against your personal injury solicitors if you lose the claim and have to pay defence costs.