Professional Negligence Claims Solicitors

When you instruct a professional to assist you with a matter, you expect to receive a top-quality and efficient service in return, without any mistakes. It is a professional’s responsibility to owe you a duty of care, and failing to do so could have a substantial financial impact.

At Stephen Rimmer, we understand the emotional and financial impact such a situation can have on a person and their family, and it’s important to take the necessary steps to be reimbursed for the damages suffered.

There are many legalities involved with bringing forward a claim, therefore, seeking legal expertise is paramount to ensure any problems are sidestepped. Our solicitors have decades of combined experience helping navigate professional negligence claims and can provide clear, realistic advice you can trust to get the best possible outcome for your interests.

We have worked with a range of professional negligence claims that occurred in all types of industries. Whether your case is more straightforward or considered complex, our team have the knowledge and expertise to assist.

How we can help with professional negligence claims

Going through such a situation can be an upsetting matter, particularly where it has caused you extensive financial and/or emotional damage. It’s important to seek legal advice from an expert who can provide clear and pragmatic guidance, ensuring all your questions are answered.

At Stephen Rimmer, our specialist solicitors can assist with the following:

• Claims against law firms
• Claims against accountants
• Claims against independent financial advisors
• Claims against property professionals

Our commercial litigation solicitors are also able to assist with defending against professional negligence claims where a claimant has brought forward a claim against you. Our team of experts at Stephen Rimmer can handle the entire process for you and create a robust argument to ensure your interests are protected.

Consult our professional negligence claims solicitors in Eastbourne and Hastings

For clear, expert negligence claim advice, please contact a member of our team for a no obligation discussion:

• Call: 01323 434416
• Email: enquiries@stephenrimmer.com
• Or pay us a visit at 21 Lushington Road, Eastbourne BN21 4LG

For more information on our services, see our commercial litigation page.

Professional negligence FAQs

What is considered professional negligence?

Professional negligence can be split into two: the professional and the negligence.

A professional is an individual who has considerable knowledge, experience and qualifications in the area they practice in, and they have the duty to provide their services to the required standard. A clear example of an individual who can be considered as a professional is an accountant. To carry out their role to a high standard, they have obtained qualifications and have extensive experience and knowledge in the field.

For the professional to have caused professional negligence, three points must be proved:

• The professional had to owe the claimant a duty of care – this is often evidenced using a written retainer
• The professional breached their duty of care – evidence that the service they provided fell below a reasonable standard
• The claimant suffered causation/loss – the claimant suffered harm and loss that was ‘reasonably foreseeable’

Where you have experienced this, you could be eligible to make a professional negligence compensation claim.

What is pre-action protocol for professional negligence claims?

All professional negligence claims are required to initiate the process using pre-action protocol. Pre-action protocol is action that is taken outside of court proceedings in an attempt to find a suitable outcome.

There are many steps involved in the professional negligence pre-action protocol, including:

1. Preliminary notice – this provides the defendant with a detailed letter including information concerning the claim and with the requested financial value (only if known)
2. Letter of acknowledgement – the defendant is required to acknowledge the receipt of the preliminary notice within 21 days. At this point, they can take the necessary steps in preparation for the claim
3. Letter of claim – once the investigations into the claim have been completed, the claimant can send the letter of claim, which sets out the surrounding circumstances, a well-drafted argument, supporting evidence and the financial loss or expected loss
4. Letter of acknowledgement – the defendant will need to acknowledge the letter of claim and has 21 days to do so
5. Letter of response – the defendant has three months to send the letter of response. In the letter, it should respond to each section set out in the letter of claim and needs to confirm whether they accept liability, whole or part or entirely not
6. Letter of settlement – the letter of settlement is only required where the defendant offers to settle the claim put forward. This letter will put forward their settlement and must be sent alongside the letter of response
7. Next steps – where the defendant denies the claims, the next steps can be taken in the process, which includes attempting Alternative Dispute Resolution (ADR) or issuing court proceedings

Will you need to attend court?

If you have experienced professional negligence, you may be concerned that you will need to attend court, which can be contentious, expensive, and lengthy, but this isn’t always necessary. The courts will encourage you to attempt initially resolving the matter outside of court through alternative methods.

In most cases, a professional negligence claim can be resolved through the means of Alternative Dispute Resolution (ADR), such as negotiation and mediation.

How long do you have to make a professional negligence claim?

The length of time in which a claimant has to make a professional negligence claim is determined by three different time periods, and these are:

• Primary litigation period – where you are aware of being a victim of professional negligence, you have a total of six years to make a claim from the date you experienced the financial loss.
• Secondary limitation period – in some professional negligence cases, the claimant may not be aware of the negligence until later on. The claimant will be entitled to an additional three years from the date of knowledge.
• ‘Longstop’ limitation period – in the second limitation period, there is an absolute cut-off point of 15 years, meaning no claims are able to be made after this point.

What can you claim for professional negligence?

If you have suffered from professional negligence, it can impact many aspects of your life in various ways. But where you have suffered, there are a number of things that you can claim for, including:

• Loss of chance
• Pain, suffering and loss of amenity
• Wasted expenditure
• Additional legal costs
• Mental distress
• Physical inconvenience
• Diminution in value
• Lost management and employee time
• Loss of profit/income

Our professional negligence solicitors’ fees

Providing quality service is of utmost importance to us, and our fees reflect this.

For the vast majority of our work, we can offer on a fixed fee basis. This provides complete transparency of the costs from the outset. Where the matter requires additional legal expertise and ongoing guidance, our solicitors will be able to offer our services at an hourly rate. Where an hourly rate is more appropriate, we will provide you with a clearly estimated price.

Find out more about our hourly rates and the way we charge for our work.

Speak to our professional negligence solicitors in Eastbourne and Hastings

From our offices in Eastbourne and Hastings, our team advises professional negligence victims all across East Sussex, including in Bexhill-on-Sea, Hailsham, Polegate, Battle, Pevensey and St Leonards-on-Sea.

To find out how we can help with professional negligence advice, please contact our expert team now:

• Call: 01323 434416
• Email: enquiries@stephenrimmer.com
• Or pay us a visit at 21 Lushington Road, Eastbourne BN21 4LG

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