How Long Does A Professional Negligence Claim Take?

It is extremely difficult to provide a time scale for a professional negligence claim. These types of claims involve many different aspects of work and depending on how complex they are it is hard to pin point how long they will take to process. If a solicitor tells you that your claim will only last one to two months, then do not listen, it is highly unlikely that this will be the case. Only in very rare cases will the process be completed this quickly. A proper specialist will inform you that there is no yardstick measure for these types of claims.

Things that can shorten a professional negligence claim are factors such as it being quite straightforward in its facts, there are not many background reports to produce and the evidence is so strong against the professional that it will be difficult for them to repute. If however the professional has good defences or can attribute the negligence to another person or body then this process all of a sudden becomes more complicated. This comes about normally when dealing with negligent architects or engineers or multi-disciplinary teams - blame can frequently be shared around.

You will not be surprised to hear that most professionals will deny a claim of negligence, this is due to the potential damage to their reputation and careers it can cause if successful. As well as this you will find that solicitors, accountants may try and apportion the blame to you to take some of the pressure of them. This will all slow the progress of your claim.

The type of professional negligence claim you are dealing with will also impact the timescale. If the nature of the claim involves a complicated legal transaction, then this will normally take a lot longer than bringing a case against an accountant whom failed to submit a filing on time. However this is where your professional negligence lawyer really comes into play, they can look at these factors and help give you a timescale for your case.

It is not guaranteed that your professional negligence claim will be dragged through the courts. In order to save money they can be dealt with via mediation or negotiation. These processes are normally dealt with by professional negligence lawyers who will try to work together to avoid the courts. Additional issues such as confidentiality arise between the parties at this stage, but once again, this is something that will vary upon what the nature of the claim is.


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Considering a professional negligence claim? Talk to Bonallack & Bishop, specialist professional negligence lawyers, first. Tim Bishop is senior partner at the firm, responsible for all decisions. He has grown the firm by 1000% in 13 years.