Professional Negligence Solicitors Liverpool

It can be hard to know the difference between poor service and professional negligence. When you speak to one of our solicitors in Liverpool, they will determine whether you have grounds for a claim.

Poor service, such as bad communication and delays, can be extremely frustrating. However, it’s only classed as a breach of duty if it causes actual loss or harm. Where unsatisfactory care compounds to result in real damage over time, the provider could be held legally liable for the consequences of their actions.

Professional negligence is an action or advice that directly caused otherwise avoidable damage. To prove your claim, you need to demonstrate:

• The existence of a duty of care – in other words, that the professional has a legal obligation to act with reasonable skill to help you.
• The breach of that duty – and how the corresponding actions or missed actions fell below the standard of care expected of someone in their field.
• Directly related loss or damage – caused by their failures.
• A foreseeable loss – that the harm could be predicted as a consequence of their breach of duty.

Your solicitor will help you prove professional negligence by gathering evidence of the above, which might include correspondence between you and the company or individual and related documents as well as expert opinions as supporting evidence.

We look out for several common features when seeking evidence of negligent care, including:

• A lack of communication
• Improper documentation
• Absence of qualifications
• Inadequate or incorrect guidance
• Errors in professional judgement
• Failure to follow required standards
• Failure to warn of accepted risks
• Conflict of interest

The first step in making a professional negligence claim through Been Let Down is a free consultation. We’ll ask about your experience to understand your situation and whether you have grounds for a claim. If you do have a valid claim, your solicitor will ask if you wish to proceed. Remember, the choice is entirely yours.

If you choose to go ahead, your case will be assigned to a specialist professional negligence solicitor in Liverpool and they will begin investigations. This involves reviewing the documents from the underlying case, consulting independent sources and gathering evidence, and then preparing the formal Letter of Claim. This is presented to the organisation or professional liable for your losses.

You’ll be kept abreast of the progress of your claim throughout, with regular updates during the evidence-gathering stage and when we’re driving towards a resolution. Most cases are settled outside of court, but your solicitor will be prepared to take your claim to trial if required.

Our solicitors handle many of our professional negligence cases on a No Win No Fee basis so there’s no financial risk if your claim is unsuccessful.

Many professional negligence claims are settled without going to court, and our Liverpool solicitors will do all they can to ensure a swift resolution for you too, through methods such as:

• Negotiation – working to agree on a direct settlement from the negligent party.
• Mediation – involving an independent third party to help manage discussions.
• Arbitration – a private process where an arbitrator, a neutral professional who acts as a judge, follows a formal process to come to a conclusion.

In situations where these methods fail or the parties cannot agree, the case can go to court. This can be a costly and laborious process, so most choose to settle claims outside of court. Even if court proceedings are commenced, the above options still remain and commonly take place while proceedings are under way and lead to a successful conclusion.

There are time limitations on making a professional negligence claim.

The first is known as the primary limitation period, as set out in the Limitation Act 1980, which dictates the window for making claims of any kind. You have six years from when the negligence occurred to bring your claim.

The second is a secondary limitation period: If the initial six years have passed but you have only recently become aware of the loss/damage then you may be able to rely on an additional three year period known as Date of Knowledge. Our team of solicitors can advise you if this applies to your case.

Each case is unique and so it’s impossible to say exactly how much you could claim.

With the intention of recreating the situation you were in before the professional negligence occurred, your solicitor can advocate compensation for economic losses. This can include missed profits and the expenses relating to making a claim, and rectification costs to cover how much you had to spend to fix the problem.

Indirect losses such as reputational damage can also be considered when negotiating compensation. The exact recoverable damages will vary.

You generally cannot be compensated for pain and emotional distress unless you have a related personal injury, so most agreements are purely financial. However, getting the justice you deserve can be invaluable in helping you move forward following your experience of negligence.