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Professional Negligence Compensation Claims SolicitorsOur specialist solicitors deal with professional negligence claims for losses caused by inadequate professional advice. We deal with professional negligence claims against all manner of individuals who give advice including barristers, solicitors, lawyers, auditors, accountants, architects, surveyors, valuers, fund managers, superannuation trustees, managers & promoters of managed investment schemes, estate agents, banks, financial institutions, insurance brokers or financial planners & advisers. ^^ back to the topSOLICITORS HELPLINE 0845 409 3437 NegotiationOur solicitors always attempt to agree a compensation settlement before they resort to litigation action in a court of law. Our first approach is to write an initial letter outlining the professional negligence claim and requesting that negotiations begin with a view to settlement. This action usually results in the demand being passed on to liability insurers who may or may not be willing to settle the professional negligence claim. If this informal approach does not succeed, then a formal letter of claim is dispatched to the errant professionals or their representatives which generally results in serious negotiations with insurers prior to transfer to solicitors if service of a summons becomes imminent, due to failed negotiations. We continue negotiations with the lawyers, notwithstanding that, at the same time; we push on with court action towards a fully contested trial hearing. Nothing concentrates the minds of insurers and defendant solicitors so much as a final hearing date and almost all professional negligence claims are settled by the payment of compensation and legal costs at this late stage, often at the court door, without the necessity of a full trial hearing. ^^ back to the topSOLICITORS HELPLINE 0845 409 3437 NegligenceThere are numerous definitions of negligence however in its most basic terms it is a failure to use reasonable care. It is the doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under the same circumstances. There are three elements to negligence all of which must be present to succeed in a professional negligence compensation claim :-
SOLICITORS HELPLINE 0845 409 3437 InsuranceAlmost all professional people carry a policy of professional indemnity insurance that pays compensation to clients and customers of a negligent professional. In many cases, this is a requirement of the professional body, of which the professional person may be required to be a member, in order to be entitled to carry out their business. In almost all professional negligence claims, when you successfully sue a professional person it will be their insurers who pay the compensation award. Our solicitors also carry professional indemnity cover to protect them in the event of negligence however, probably more important from our clients point of view is the fact that we also insure the client against loosing a professional negligence claim and thereafter being ordered to pay the defendants legal costs on the well established principal that the loser always pays. The client doesn't pay the premium for this protection – we do. ^^ back to the topSOLICITORS HELPLINE 0845 409 3437 No Win No FeeOur litigation solicitors deal with professional negligence compensation cases using the no win no fee scheme which means that you will not be asked to pay for any part of your legal action. Issuing a summons for damages in a court of law is a risk-free endeavour when handled by one of our lawyers; you won’t have to pay for experts reports, you won’t have to pay any expenses and you won’t have to pay for your solicitor’s time. Our solicitors pay compensation in full, without any deductions whatsoever. We pay 100% - Guaranteed! You might ask how we can possibly take this course of action. It’s simple, really. Our solicitors finance their cases with their own money and then collect their fees from the opposing party when they win the case. If a case is lost, the solicitor writes off the loss. It’s an ideal situation for everybody. The solicitor makes a profit by helping the victims of professional negligence to claim compensation for their losses, while the client is able to pursue a risk-free claim and get paid 100% of the compensation award. A solicitor with a robust risk assessment procedure has little worry about losing cases and writing off legal costs. ^^ back to the topSOLICITORS HELPLINE 0845 409 3437 Specialist SolicitorsOur solicitors focus on providing quality litigation advice for private individuals and for businesses. Our ethos is very simple. We recognise that your approach to legal cases is generally focused on objectives, risks, costs and benefits. We are dedicated to providing sound advice in plain English, applying the above criteria and listening to you at all times. When you choose to instruct one of our solicitors for a professional negligence claim you will receive clear, explicit advice about the anticipated value of your claim together with advice on your chances of success and information in writing about our no win no fee arrangements. After your initial free consultation, if you decide you do not wish to proceed with your claim, you will be under no obligation to take legal action. ^^ back to the topSOLICITORS HELPLINE 0845 409 3437
SOLICITORS CONSUMER COMPLAINTSComplaints about the professional behaviour and quality of service provided by solicitors are investigated by the Consumer Complaints Service (CCS) and the Compliance Directorate neither of which have the power to award compensation for financial loss caused as a result of professional negligence. Actions which can be taken by the Directorate include awarding limited compensation, reducing the amount of a bill and taking disciplinary measures. Below is the contact information for the CCS :- Consumer Complaints Service LEGAL SERVICES OMBUDSMANThe Law Society’s handling of complaints is overseen by the Legal Services Ombudsman. If an applicant is dissatisfied with the decision made by the Consumer Complaints Service, they can apply to have that decision reviewed by the Legal Services Ombudsman. An applicant has only three months within which to apply for review. The Ombudsman does, however, have the discretion to extend the three-month period under special circumstances. The Legal Services Ombudsman does not have the power to award compensation for financial loss caused as a result of professional negligence. Contact information for the Ombudsman :- Office of the Legal Services Ombudsman SOLICITORS HELPLINE 0845 409 3437
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