If a professional you've instructed has been negligent, what can Access Legal from Shoosmiths do for you?

Firstly, our team of specialists can provide clear and easy to understand help and advice. We will advise you fully on any potential claim you have, and do our best to help you claim the maximum amount possible.

But what are you able to claim? The aim of the law in cases of professional negligence is to put you in the position you would have been in had you not received the negligent advice.

The following can therefore be claimed:

Refund for fees paid

This is not a common loss to claim as it's usually the case that those losses are of a higher value than the fees paid to the professional. So it's usually more appropriate to focus on compensation for the losses that the negligence has caused.

Compensation for money, benefits or opportunities lost

An example of money lost might be if you've been negligently advised to accept a particular settlement, which it turns out undervalues your claim. An example of a lost benefit could be an easement, or right to make a claim.

In both situations you could claim the value of the money, benefit of chance lost. Calculating these losses can be complex and it's often necessary to get an expert opinion.

Compensation for loss of value to property

This is may be appropriate if you've had negligent advice from a surveyor on the purchase of your property and have had to spend money repairing defects they failed to spot.

The amount you can claim isn't the amount spent on repairs, but the difference in value between the purchase price of the property and what the property – with defects known – was worth at the time of purchase.

Compensation for money spent in reliance on negligent advice

If as a result of negligent professional advice you have incurred costs then you can claim these. Examples include paying a larger sum in settlement of claim than you should have done if you had correct advice or paying an increased stamp duty on an incorrectly valued property.

Compensation for distress and inconvenience

It's possible to claim for distress and inconvenience, although the amounts awarded are often relatively small.

What next?

In all cases, it's necessary to make sure that the losses you suffer are as small as possible. It's therefore sensible to notify the professional who gave you the negligent advice and obtain legal advice as soon as possible.

For a free initial consultation, please call our helpline on 03700 86 86 86 or contact us online.

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All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.