When Professionals Get It Wrong: Professional Negligence Claims

Understanding Professional Negligence Claims

Most of us rely on professionals at key moments in life. Whether it’s a solicitor helping with a property purchase, an accountant advising on finances, or a surveyor inspecting a building, we trust their expertise to guide us safely through important decisions.

But what happens when that advice is wrong?

Professional negligence occurs when a professional fails to provide services to the standard reasonably expected of someone in their field, and that failure causes a client financial loss or other damage. While mistakes can happen in any profession, the consequences can sometimes be significant for the people who relied on that advice.

What is Professional Negligence?

Put simply, professional negligence arises when three things occur:

• A professional owed you a duty of care
• They breached that duty by making an error or failing to act appropriately
• As a result, you suffered a financial loss

Many types of professionals can face negligence claims, including solicitors, accountants, architects, surveyors, financial advisers and other specialist advisers.

Often the issue isn’t simply that something went wrong — it’s that the professional failed to meet the standard expected of someone with their qualifications and experience.

In many cases, clients only realise something has gone wrong months or even years later, when financial problems emerge or a transaction unravels.

What Should You Do If You Think Something Has Gone Wrong?

If you believe you may have received negligent advice, it is important to take action early. Professional negligence cases can be complex, and strict time limits may apply.

Some sensible first steps include:

• Gathering documents such as contracts, reports, emails and letters
• Making a record of what advice was given and when
• Seeking independent legal advice to assess whether you may have a claim

An experienced solicitor can review the situation and explain whether the professional’s conduct may fall below the required standard.

What Happens in a Professional Negligence Claim?

Every case is different, but the process often involves:

1. Investigating the advice or service provided
2. Obtaining expert evidence on the standard expected of the professional
3. Assessing the financial loss suffered
4. Attempting to resolve the matter through negotiation, or if necessary, pursuing a court claim

Many claims are resolved without the need for a full trial, but having experienced legal representation ensures your position is properly presented.

A Practical and Supportive Approach

At what can be a stressful time, it is important to work with a legal team that combines technical expertise with a practical and approachable style.

Professional negligence claims are not just about legal principles — they are about helping people recover from situations where they trusted a professional and things did not go as expected.

The team at Fieldings Porter has extensive experience advising clients on professional negligence claims and can provide clear, practical guidance on the next steps. If you believe you may have suffered a loss because a professional adviser got it wrong, it may be worth exploring your options.