Professional Negligence Claims

Professional Negligence Solicitors in Dublin

When you engage a professional—whether a solicitor, accountant, surveyor, or architect—you trust them to provide competent, skilled services. When these professionals fail to meet the standards expected of their profession, causing you financial loss or other harm, you may have grounds for a professional negligence claims.

At Gary Matthews Solicitors, we specialize in holding professionals accountable for substandard work. Our experienced team understands the complexities of professional negligence law and has successfully represented clients in claims against various professional service providers.

What is Professional Negligence?

Professional negligence occurs when a professional person or firm fails to provide services to the standard that would be expected from a reasonably competent practitioner in their field. To establish professional negligence, you must prove:

• Duty of Care - The professional owed you a duty to provide competent services
• Breach of Duty - The professional's conduct fell below the standard expected in their profession
• Causation - The breach directly caused you loss or damage
• Loss - You suffered quantifiable financial loss or other harm

Types of Professional Negligence Claims

Solicitor Negligence

Solicitors owe their clients a high duty of care. Claims against solicitors may arise from:

• Missed court deadlines and limitation periods
• Poor advice on property transactions
• Failure to progress cases appropriately
• Negligent handling of personal injury or other claims
• Errors in will drafting or estate administration
• Conflicts of interest not properly managed
• Inadequate litigation strategy
• Failure to obtain proper instructions
• Breach of fiduciary duty

Accountant and Auditor Negligence

Accountants and auditors must exercise professional skill and care. Claims include:

• Negligent tax advice resulting in financial penalties
• Errors in financial statements or accounts
• Failure to identify fraud or financial irregularities
• Poor business or investment advice
• Negligent audit work
• Errors in tax returns
• Failure to warn of financial risks
• Breach of confidentiality

Surveyor and Valuer Negligence

Surveyors must provide accurate property assessments. Common claims involve:

• Failure to identify structural defects
• Inaccurate property valuations
• Inadequate building surveys
• Failure to identify damp, subsidence, or other issues
• Negligent homebuyer reports
• Errors in boundary surveys
• Poor advice on property condition

Architect and Engineer Negligence

Design and construction professionals must meet industry standards:

• Defective design causing structural problems
• Failure to comply with building regulations
• Inadequate project management
• Poor specification of materials
• Cost overruns due to design errors
• Failure to supervise construction properly
• Delays in project completion

Insurance Broker Negligence

• Failure to obtain adequate insurance coverage
• Poor advice on insurance requirements
• Failure to disclose material facts to insurers
• Errors in policy documentation
• Failure to arrange renewal of policies

Other Professional Negligence

• Veterinary negligence
• Estate agent negligence
• IT and technology professional negligence
• Engineering consultancy negligence
• Planning consultant negligence

The Professional Negligence Claims Process

1. Initial Consultation
Contact us for a free, confidential consultation. We'll review your case, examine any documentation you have, and advise whether you have grounds for a claim.

2. Investigation and Evidence Gathering
We'll obtain all relevant documents, correspondence, contracts, and records. This evidence is crucial in demonstrating the professional's breach of duty.

3. Expert Opinion
Professional negligence claims typically require an independent expert in the relevant field to provide an opinion on whether the professional's conduct fell below acceptable standards. We work with leading experts across all professions.

4. Letter Before Action
Before issuing court proceedings, we send a detailed letter outlining your claim to the professional or their insurers, giving them an opportunity to respond and potentially settle.

5. Negotiation
Many professional negligence claims settle through negotiation without court proceedings. Our solicitors are skilled negotiators who work to secure fair compensation efficiently.

6. Court Proceedings
If settlement cannot be reached, we'll issue court proceedings and represent you throughout the litigation process, including trial if necessary.

Why Professional Negligence Claims Are Complex

• Technical Nature - Requires understanding of the specific profession's standards and practices
• Expert Evidence Essential - Independent expert testimony is almost always required
• Causation Challenges - Must prove the negligence directly caused your loss
• Quantifying Loss - Calculating financial losses can be complex, especially loss of opportunity
• Professional Standards - Understanding what constitutes reasonable professional conduct
• Documentation Requirements - Extensive paper trails must be reviewed and analyzed
• Vigorous Defense - Professionals and their insurers typically defend claims strongly

Time Limits for Professional Negligence Claims

The time limit for bringing a professional negligence claim is generally six years from the date the negligence occurred, or three years from the date you became aware (or should reasonably have become aware) of the negligence, whichever is later.

However, these time limits can be complex, particularly in cases where:

• The negligence wasn't immediately apparent
• Continuing professional relationships existed
• Multiple acts of negligence occurred over time

Don't delay in seeking legal advice. Professional negligence cases require extensive preparation, including obtaining expert reports, which takes time. Contact us as soon as you suspect professional negligence to protect your rights.

What You Need to Bring a Professional Negligence Claim

To help us assess your case, gather:

• Your engagement letter or contract with the professional
• All correspondence (letters, emails) with the professional
• Any advice, reports, or work product provided
• Financial statements or records showing your losses
• Any complaints you made to the professional
• Documents showing what you would have gained but for the negligence

Regulatory Complaints vs Legal Claims

It's important to understand the difference between making a regulatory complaint and pursuing a legal claim:

Regulatory Complaints (e.g., to the Law Society, Institute of Chartered Accountants):

• May result in disciplinary action against the professional
• Do NOT provide financial compensation
• Can take a long time to resolve

Legal Claims (through solicitors like us):

• Seek financial compensation for your losses
• Hold the professional financially accountable
• Can be pursued alongside or instead of regulatory complaints

Why Choose Gary Matthews Solicitors?

• Specialized Expertise - Deep understanding of professional negligence law
• No Win, No Fee - Zero financial risk in pursuing your claim
• Expert Network - Access to leading experts across all professions
• 24/7 Availability - Always here when you need advice
• Proven Track Record - Successful claims against various professionals
• Thorough Investigation - We leave no stone unturned in building your case
• Strong Negotiation - We fight for maximum compensation
• Litigation Experience - Extensive courtroom success if cases go to trial
• Clear Communication - We explain complex legal issues in plain English