What Is Professional Negligence?
Professional negligence occurs when a person in a professional role — such as a solicitor, accountant, architect, engineer, or financial advisor — fails to perform their duties to the standard reasonably expected of a competent professional in that field, and this failure causes you loss or harm.
When you engage a professional, you are placing your trust and often significant financial reliance in their expertise. If that trust is broken through incompetence, poor advice, or failure to act, you may be entitled to recover your losses through a professional negligence claim.
Don't Delay — Know Your Time Limits
Professional negligence claims in Ireland are generally subject to a six-year limitation period from the date the negligence occurred, or in some cases from the date of damage. However, it is always advisable to act quickly to preserve evidence and secure the best outcome.
Types of Professional Negligence We Handle
Solicitor Negligence
Claims arising from errors by your own legal representative, including missed court deadlines, failure to advise on limitation periods, negligent conveyancing, poor litigation conduct, or failure to register property interests.
Accountant & Auditor Negligence
Incorrect tax advice, failure to file returns on time, negligent auditing leading to financial loss, and erroneous financial forecasts that caused business loss or personal financial harm.
Architect & Engineer Negligence
Design defects, failure to comply with building regulations, inadequate structural surveys, poor project supervision, and negligent advice about planning or construction leading to financial loss or property damage.
Financial Advisor Negligence
Unsuitable investment recommendations, failure to explain risks clearly, negligent pension advice, and misrepresentation of financial products. See also our dedicated Financial Negligence page.
Surveyor Negligence
Negligent property valuations or surveys that fail to identify structural defects, leading to financial losses for property buyers.
What You Must Prove in a Professional Negligence Claim
To succeed in a professional negligence claim in Ireland, you generally need to establish three key elements:
- Duty of Care: The professional owed you a legal duty of care in their professional capacity
- Breach of Duty: The professional's conduct fell below the accepted standard of a competent professional in their field
- Causation and Loss: The breach directly caused you measurable financial loss or personal harm
How We Handle Your Professional Negligence Claim
- Free initial consultation and honest assessment of your case
- Gathering all relevant documentation and correspondence
- Appointing appropriate independent expert witnesses
- Sending a formal letter of claim to the negligent professional and their insurer
- Negotiating a settlement or commencing court proceedings if necessary
- Pursuing recovery of all losses, costs, and damages on your behalf
Frequently Asked Questions
Can I claim against my own solicitor for negligence?
Yes. Solicitors in Ireland are regulated by the Law Society and carry professional indemnity insurance. If your solicitor's negligence caused you financial loss — for example, by missing a key deadline or providing incorrect legal advice — you have a legitimate basis for a claim.
What if the professional has since retired or closed their practice?
Professional indemnity insurance typically follows the professional, meaning you can still make a claim even if they are no longer practising. We can advise you on the best approach in your specific circumstances.
How much compensation can I recover?
The aim of professional negligence compensation is to put you back in the financial position you would have been in had the negligence not occurred. This includes direct financial losses, consequential losses, and costs associated with remedying the negligent professional's errors.
Do I need to go to court?
Most professional negligence claims are resolved through negotiation and settlement. Court proceedings are pursued when liability is denied or the compensation offered is inadequate to fairly reflect your losses.
Suffered Loss Through Professional Negligence?
Contact Gary Matthews Solicitors today. Our experienced team will review your case for free and advise on the best legal strategy to recover your losses.
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