In business, you often have to rely on the professional advice of others when making key decisions, as well as using professional services to facilitate the effective running of your operations. If those professionals make mistakes it can seriously harm your business and you may have grounds for a professional negligence claim.
Knowing exactly when professional advice or services have crossed the line into being negligent can be hard to determine and pursuing these matters can become a long, expensive process if not handled correctly.
There is a strict protocol that businesses should follow when initiating a professional negligence claim, focused on resolving the claim amicably without the need for court action wherever possible. If followed properly, with the right legal support, this can allow you to resolve the issue quickly and cost-effectively with minimal conflict.
Tayntons’ professional negligence solicitors, based in Gloucester, have extensive experience handling professional negligence claims for a wide range of businesses and individuals. Our expertise and open-minded approach means we can help you achieve a positive outcome as swiftly and inexpensively as possible.
Speak to one of our professional negligence solicitors now by calling 0800 158 4147 or request a call back and a member of our team will be in touch promptly.
Our professional negligence claims services
Our professional negligence solicitors in Gloucester can help you quickly and effectively achieve a positive outcome for professional negligence claims involving a wide range of professionals, including:
- Financial advisors
- Insurance brokers
- Tax consultants
Professional negligence pre-action protocol
When pursuing a claim for negligence against a professional, there is a protocol set out by the Ministry of Justice for claimants to follow with the goal of avoiding court action wherever possible.
This protocol applies to most types of professionals, although there are different protocols for construction professionals (the Construction and Civil Engineering Disputes protocol) and for healthcare providers (the pre-action protocol for the Resolution of Clinical Disputes).
There are various steps claimants should follow under the general pre-action protocol for professional negligence:
- Preliminary notice – notifying the professional in question that you intend to bring a claim, including a brief outline of your grievances and, if possible, an indication of the financial value of the claim.
- Letter of Claim – laying out in more detail the specifics of the claim, including the exact allegations, all of the relevant facts and how the professional’s error or errors caused you specific losses, plus an estimate of those losses.
- Letter of Acknowledgement – The defendant should acknowledge the letter of claim within 21 days of receipt.
- Investigations – The defendant will have 3 months from the letter of acknowledgement to investigate and respond to the claim.
- Letter of Response/Letter of Settlement – Once the defendant has investigated the situation, they should issue a written response, explaining why they accept or do not accept the claim and, where appropriate, make a written offer of a settlement.
- Claimants response – at this point the claimant can either accept the defendant’s response and any offer of settlement or take further action to resolve the dispute if they are not happy with the response.
Alternative Dispute Resolution (ADR) for professional negligence claims
There are various options for resolving a professional negligence claim without resorting to court action. These include negotiation, where we can represent you in discussions with the professional in question, and mediation, where we can arrange a trained neutral mediator to guide both parties through discussing the issues with the aim of agreeing a mutually acceptable solution
Where court action is the best or only solution, however, we have the experience and expertise to help you put together the strongest possible case, including knowing exactly what kind of evidence a judge will need to see to decide in your favour.
Why choose Tayntons professional negligence solicitors?
Tayntons’ professional negligence claims team has a strong track record of success acting for a wide range of businesses in Gloucester and throughout Gloucestershire, including Cheltenham and the Forest of Dean.
Our experience and business-focused approach means we can find solutions that match your commercial objectives, protect your reputation and preserve key business relationships. We plan our strategy around your priorities, so whatever you need to get out of pursuing a professional negligence claims, we will advise you on the best way to make it happen.
We start each claim with an initial consultation where we will get a clear understanding of your situation and what you need to happen. We will then take you through your options in plain English and give you a transparent breakdown of our fee structure so you can be confident when deciding how to proceed.
We know that every business and every professional negligence claim is unique, so we offer a tailored approach to help you achieve the result you need.
Get in touch with our professional negligence solicitors in Gloucester
We offer a 45 minute initial consultation with our Gloucester solicitors for £125.00 plus VAT (£150.00). Our fees are payable to your solicitor at the start of your meeting.
For help with professional negligence claims in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire, please contact us today by calling 0800 158 4147, emailing us at email@example.com or requesting a call back.