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What Does A Professional Negligence Claim Involve?

If you are thinking of pursuing a professional negligence claim against your solicitor, you will want to know what the process involves.

Making a professional negligence claim

All professional negligence claims will vary, but generally speaking a claim will involve the following steps:-

1. Speaking to a professional negligence solicitor a solicitor who specialises in professional negligence claims will advise you upon your legal position, suggesting whether or not you can make a claim.

2. Obtaining documents if there is a case to be answered, your solicitor will obtain the necessary documents that help to prove your claim.

3. Instructing a barrister a barrister who deals with professional negligence claims will be instructed early on in the claim. The barrister will be asked to review the evidence and advise upon various matters, including prospects of success and what action to take next.

4. Pre-action protocol both parties must then follow the pre-action protocol. This encourages both sides to reach an agreement before court proceedings.

5. Preliminary notice the first step of this protocol is to send a preliminary notice to the negligent solicitor (called the Defendant) outlining the case against them.

6. Letter of claim once all the evidence has been collated, a letter of claim will be sent to the Defendant which provides more detail about the case against them.

7. Letter of response the Defendant then has three months to send a letter of response, stating whether fault is admitted, or whether they intend to defend the claim.

8. Negotiations whether or not the Defendant admits fault, it may be possible to enter into negotiations. This may lead to a settlement of the claim.

9. Court proceedings if the Defendant will not admit fault or enter into negotiations, it will be necessary to issue court proceedings.

10. Settlement of the claim ordinarily, the claim is settled while it is still going through the courts. It is very unusual for a claim to make it to trial.

Where can I get more information?

If you would like further information about making a claim against a solicitor, please get in touch with us today. We specialise in professional negligence claims against medical negligence and personal injury solicitors.

We will be able to suggest whether or not you can claim against your solicitor. If so, we will handle the process on your behalf, guiding you through the process and fighting to get the compensation you deserve.

Please call us on 0800 234 3300 (or from a mobile 01761 490883) or complete a free Online Enquiry.


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