A professional’s mistake often has many knock-on effects. As a general rule, you can include in your claim any losses which have directly resulted from the professional’s negligence – as long as they are reasonable.
Some common examples are:
- Loss of opportunity – this is where the professional’s conduct has denied you a clear opportunity of a financial gain. For instance, if you have been making a personal injury or employment claim, but your lawyer missed a key deadline (or did something else which meant the claim could not proceed) you may be able to claim for the compensation you would have received if your lawyer hadn’t been negligent. In order to do so, you will need to demonstrate that the chance or opportunity had a real prospect of being realised.
- The costs of ‘fixing’ the damage – if the nature of the professional’s negligence requires remedial action, you can claim for the costs of this. Usually this will involve another professional doing what the other should have done correctly in the first place.
- Fees paid to the negligent professional – in situations where you have already paid for the professional’s services, it is usually possible to claim these fees back, on the basis that the service for which you paid has not properly been fulfilled.
