Professional Negligence Solicitors
When a professional does not fulfil their duty, it can have the potential to severely impact your life. It is important to seek guidance from an expert solicitor who can help make a professional negligence claim in a quick and cost-effective way.
We understand it can be difficult to seek legal advice when another professional has let you down. Our solicitors have years of collective expertise in the field and recognise the impact these matters can have on you. Working with us will guarantee personal service, with continuous support and sensitivity throughout.
Our professional negligence solicitors can provide expertise in matters including:
- Pre-action protocol
- Alternative dispute resolution
No matter the type of professional negligence suffered, we are here to help, making sure you receive the best compensation for the difficulties you have faced.
Our professional negligence claims services
When making a professional negligence claim, there are certain steps that must be followed. This is referred to as the Professional Negligence Pre-action Protocol. However, for claims against architects or engineers, the Construction and Engineering Disputes Pre-Action Protocol needs to be followed.
Our professional negligence solicitors have assisted a wide range of clients and have a broad range of knowledge in making sure you receive the compensation you are entitled to when a professional makes a mistake.
The steps involved in the Professional Negligence Pre-action Protocol include:
When a Claimant makes a claim, they must send the Defendant a Preliminary Notice. This is a letter outlining that a claim will be made, including brief details and the value of the claim.
Letter of acknowledgement
The Defendant will need to acknowledge the Preliminary Notice within 21 days of receiving it.
Letter of claim
The next step is for a Letter of Claim to be prepared. This is an important document, and it is best to instruct a solicitor to prepare this for you. The Letter of Claim contains a detailed explanation of the claim, including a timeline, addressing each area, and enclosing evidence supporting the claim. It will state the amount you intend to recover for the negligent work.
Letter of acknowledgement
The Defendant must respond to the Letter of Claim within 21 days of receiving it.
Letter of response
The Defendant must send a Letter of Response within three months of sending the Letter of Acknowledgement.
The Letter of Response must answer all points raised in the Letter of Claim. If appropriate the Defendant can concede areas where they agree they have been negligent. This will help towards the final resolution of the dispute.
Letter of settlement
If the Defendant fully admits liability, they will make an offer in a separate letter that will be marked “Without Prejudice Save as to Costs”. It is likely at this point there will be a series of letters, hopefully reaching a final settlement.
Alternative dispute resolution
Either prior or subsequent to issuing court proceedings, both parties can agree to an alternative dispute resolution. There are several ways to do this, but usually, it will either take the form of round table negotiations or the involvement of a trained mediator who will help parties resolve the dispute.
In certain cases, pre-action protocol or alternative dispute resolution will not resolve the dispute. In these circumstances, it is necessary to issue court proceedings.
Our professional negligence solicitors can assist with the court proceedings, from preparing Particulars of Claim and witness statements to arranging for a barrister to represent you at court.
Our professional negligence fees in Gloucestershire
At Tayntons, we know that it is important to be transparent about what our services cost. At an early stage, we will provide you with an estimate of what our services will cost, and the risk you run in respect in you are unsuccessful in bringing your claim.
To learn more about our professional negligence fees, please don’t hesitate to contact a member of the team today.
Common questions about professional negligence
What is professional negligence?
Simply speaking, professional negligence occurs when a professional, someone who is trained, qualified and skilled, fails to fulfil their responsibility. It will be considered negligent if you suffer financial loss as a result of the mistakes they have made.
How long do I have to bring a claim for professional negligence?
The time it takes to make a professional negligence claim entirely depends on the type and complexity of the claim. There are two types of limitation periods, and a professional negligence claim comes under one of these.
Primary limitation period
Professional negligence cases have six years from the date a financial loss was incurred.
Secondary limitation period
In some cases, negligence does not come to light until after the primary limitation period has expired. In these circumstances, the Claimant, depending on the factual circumstances, might be entitled to an additional three years to make a claim.
In respect of the secondary limitation period, the Claimant is unable to claim after a period of 15 years.
Why choose Tayntons professional negligence solicitors in Gloucester?
For many years, our professional negligence solicitors have been providing specialist support and guidance to clients across Gloucester and further afield.
When you work with our professional negligence solicitors, we will take the time to understand your position. Allowing us to provide the best possible legal advice to you.
When you choose Tayntons, you will be working with an accredited law firm. We take pride in having been recognised since 2005 for the efficient management of our practice and the high levels of client care we provide through the Law Society’s Lexcel Practice Management accreditation.
Get in touch with our professional negligence lawyers in Gloucester
Need assistance with a professional negligence matter in Gloucester, Cheltenham, the Forest of Dean or across Gloucestershire?