Professional Negligence
When you are considering the hiring of a professional, you expect them to be knowledgeable and experts in the field that you require assistance. The last thing you are expecting is for them to be negligent and to make a small mistake, or a large mistake, which ends up costing you money.
Unfortunately, some professionals do make mistakes, miss deadlines and sometimes even misadvise their clients. Asit Jansari – Solicitor has a professional negligence specialism and can assist in resolving these mistakes through negotiation, mediation or the threat of Court proceedings where this is necessary.
Types of professional negligence situations
Receiving poor legal advice from a solicitor. This can also apply where the advice received may not have been incorrect, but was not appropriate for your situation;
Your Will has been drafted incorrectly;
You’ve been given incorrect financial advice;
A professional offers advice to you on matters that may be beyond their particular area of expertise;
An engineer or architect provided you with erroneous designs, or load bearing calculations or failed to spot a design flaw;
A solicitor missed a crucial deadline (limitation) for your case;
A solicitor did not follow your instructions during the course of the case, or sought to take steps that you did not instruct;
A surveyor fails to see a defect when undertaking a pre-purchase or separately commissioned survey.
Whilst the above are merely a few examples of things that sometimes go wrong, the wrongdoing may have been caused by any lack of care or attention on the professional’s part.
Whilst this has been termed professional negligence, it could also have been related to their incompetence.
The position that you may have been left with following such negligent or incompetent advice could be crippling and may leave you feeling without trust for professionals. We are here to guide you through the process of taking back control and establishing your legal rights and clarifying them clearly to identify the wrongdoing and the remedies available as a result of the advice or assistance you were given which fell short of the standard of service that you trusted them to provide.
Determining whether you have a viable claim
The manner in which we aim to consider whether a viable claim exists is to consider the following aspects in relation to the problems that you have encountered:
Whether an experienced professional working in the same industry sector would have given you similar advice or whether it would have been different; or
If there is proof that the professional failed to comply with the common standards of best practice in the professional’s industry.
Once these aspects have been considered, and a duty of care is established as being owed to you by the professional, we will consider an aspect known as causation, this means whether or not the poor standard of service you received from the professional was directly or indirectly responsible for any losses you may have suffered.
Asit Jansari – Solicitor will establish a measure of the direct losses you have suffered because of the breach of duty, and ask the courts to restore you to the position you were in before you sought professional advice.
How can we help?
We aim to consider your situation with empathy and care to determine whether a claim can be made and to give you an idea of the likely outcomes.
If you do need assistance then please contact Asit Jansari by email or, if you prefer, you can telephone him on 07966 244498.