Professional negligence can have serious financial and personal consequences. Whether it’s a solicitor, accountant, surveyor, or other professional who has failed in their duty of care, proving negligence is crucial to securing compensation.

Below we have outlined the essential evidence needed and the legal steps you should take to build a strong professional negligence claim in the UK.

What is professional negligence?

Professional negligence occurs when a qualified professional fails to meet the standard of care expected in their field, resulting in financial loss or damage to their client.

To succeed in a claim, you must prove:

1. Duty of Care - The professional owed you a duty of care.
2. Breach of Duty - The professional failed to meet the required standard.
3. Causation - The breach directly caused harm or loss.
4. Loss or Damage - You suffered a measurable loss as a result.

Gathering essential evidence

As with any type of legal case, strong evidence is critical to proving your claim.

Here’s what you need to collect:

1. Contracts and agreements

Having a written agreement between you and the professional provides proof of the relationship and any agreed terms. This document can demonstrate the duty of care owed to you.

2. Correspondence and communications

Save all emails, letters, and records of phone calls that demonstrate how the professional handled your case. These may reveal mistakes, delays, or misleading advice.

3. Expert reports

Expert witness reports from professionals in the same field can highlight where the service provider deviated from standard practices, helping to prove a breach of duty.

4. Financial loss documentation

Gather bank statements, invoices, and receipts that show the financial impact of the negligence. These documents prove that the breach led to tangible losses.

5. Previous complaints or disciplinary actions

If the professional has a history of negligence or regulatory action against them, this can strengthen your case. You may obtain this information from professional regulatory bodies.

Read: Is it worth suing for professional negligence?

Legal steps to take

1. Seek legal advice early

Professional negligence claims can be complex. Consulting an experienced solicitor ensures you understand your rights and options before proceeding.

2. Follow the Professional Negligence Pre-Action Protocol

In the UK, claimants must follow the Professional Negligence Pre-Action Protocol, which includes:

• Letter of Claim: A detailed letter outlining the allegations and losses sent to the professional.
• Response from the Professional: They have three months to respond with acceptance, denial, or an offer of settlement.
• Attempt at Settlement: Both parties should attempt to resolve the matter before proceeding to court.

3. Litigation as a last resort

If settlement negotiations fail, legal proceedings may be necessary. A solicitor will help you prepare court documents, file the claim, and represent you in court.

Time limits for professional negligence claims

Under the Limitation Act 1980, you typically have six years from the date of the negligence to make a claim. However, if you only discovered the negligence later, you may have three years from the date of discovery to bring a claim.

Read: Deadlines for making a professional negligence claim

Compensation you may be entitled to

If successful, your claim may result in compensation covering:

• Financial losses (e.g., lost investments, incorrect tax liabilities)
• Legal fees incurred due to the negligence
• Reputational damage or business loss
• Additional costs incurred to rectify the mistake

Proving professional negligence requires strong evidence, legal expertise, and adherence to strict procedural rules. If you believe you have been affected by professional negligence, seeking advice from expert solicitors can significantly improve your chances of a successful claim. At Fonseca Law, we specialise in professional negligence cases and can guide you through every step of the process.

For expert legal assistance, contact our team today so that we can discuss your specific case in detail and provide you with more information as to how we can help.