Professional Negligence Law in Brighton & Hove

When professionals such as accountants, financial advisors, solicitors, surveyors, or architects fail to meet the required standards in their work, the consequences can be severe. Professional negligence occurs when a legal professional's substandard service or poor advice, resulting from a lack of reasonable care, causes you to suffer a loss. This loss might be financial, involve damage to property, or even personal injury. Understanding your rights and the process for making a claim is crucial if you believe you have been affected by professional negligence in Brighton and Hove.

Professional negligence solicitors in Sussex can assist individuals and businesses who have suffered due to a professional's failure to meet expected standards. They also represent professionals facing negligence allegations. When negligence is proven, compensation is typically awarded to return the affected party to the position they were in before the incident, as far as possible.

This area of professional services law requires specialist knowledge. Whether the issue involves a solicitor's error, an accountant's oversight, or clinical negligence by a healthcare provider, seeking expert advise is essential. Litigation may sometimes be necessary, though many dispute resolution processes aim to resolve matters efficiently and cost-effectively.

Common Examples of Professional Negligence

Mistakes by professionals can have significant impacts. Some common situations that may lead to professional negligence claims include:

  • Surveyors failing to identify structural defects in a property you are purchasing.
  • Accountants providing incorrect tax advice by not informing you of available tax reliefs.
  • Financial advisors offering poor investment advice, such as recommending an unsuitable pension.
  • Solicitors conducting conveyancing work but neglecting to mention planning restrictions on a property.
  • Estate or letting agents failing to perform required anti-money laundering checks, resulting in financial penalties for landlords.
  • Architects or structural engineers designing buildings that don't comply with regulations, potentially requiring demolition.
  • Healthcare professionals providing incorrect treatment, leading to additional suffering (clinical negligence).
  • Vets giving inappropriate treatment to a pet, causing further injury and expense.

If you believe any professional has acted negligently and caused you harm, seeking advice from a specialist solicitor is recommended.

The Professional Negligence Claims Process

Making a professional negligence claim involves several key steps:

  • Negligent Act Occurs: You receive poor advice or a service falls below industry standards, resulting in a loss.
  • Potential Claim Assessment: Solicitors evaluate whether you likely have a valid claim by establishing if the professional owed you a duty of care, breached it, and caused you loss.
  • Claim Notification: Your solicitor formally notifies the negligent professional of your grievance and the financial implications.
  • Evidence Gathering: Independent experts are instructed to assess whether negligence occurred and to calculate the extent of your losses, including future impacts.
  • Letter Before Action (LBA): A detailed letter outlining the evidence and how you wish to settle the claim is sent. Many cases resolve at this stage.
  • Negotiations: Your solicitor presents the case and negotiates for the best possible out-of-court settlement, potentially using mediation or arbitration as part of the dispute resolution process.
  • Court Assessment: If unresolved, court proceedings begin where a judge determines liability and compensation amounts. This is the litigation stage.
  • Compensation: If successful, either through negotiation or court ruling, you receive compensation for your losses.

Professional indemnity insurance typically covers these claims, and the professional's insurer will usually manage the response once notified.

How Professional Negligence Solicitors in Brighton & Hove Can Help

Professional negligence claims are complex and require specific legal expertise. Solicitors experienced in this area of law understand the standards expected of various professionals and how to prove a breach of duty. They guide you through the process, handle communication with the other party and their insurers, gather necessary evidence, and negotiate settlements or represent you in litigation.

Commercial litigation solicitors can also assist with professional negligence claims arising from business contexts. Whether the issue is clinical negligence, negligence by a legal professional, or errors in professional services, expert advise is crucial for navigating the dispute resolution process effectively.

If you suspect you've been a victim of professional negligence in Brighton or Hove, consulting with a qualified solicitor is the first step to understanding your options and seeking appropriate redress.



FAQs


Professional negligence occurs when a professional fails to provide a service meeting the standard expected in their field, and this failure causes you a loss.

Many professionals can be held liable, including solicitors, accountants, financial advisors, surveyors, architects, engineers, doctors, dentists, and vets.

You can typically claim for financial losses, property damage, or personal injury directly caused by the professional's negligence.

Generally, you have six years from the date you suffered the loss, or three years from when you became aware (or should reasonably have become aware) of the negligence and the resulting loss.

The process typically involves assessing the validity of your claim, notifying the professional, gathering evidence, sending a Letter Before Action, attempting to negotiate a settlement, and potentially going to court if necessary.

While not mandatory, professional negligence law is complex. A solicitor can significantly increase your chances of success and ensure you receive fair compensation.

Compensation aims to put you back in the position you were in before the negligence occurred. The amount depends on the extent of your losses.

Many solicitors offer conditional fee agreements (no win, no fee) or work on a damages-based agreement, making claims more accessible.

Yes, many professional negligence disputes are resolved through alternative dispute resolution methods like mediation or negotiation, avoiding the need for litigation.

Clinical negligence is a specific type of professional negligence involving healthcare professionals. While all clinical negligence is professional negligence, not all professional negligence involves clinical care.



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