When you hire a professional - whether it’s an accountant, solicitor, surveyor, architect, or financial adviser - you expect them to provide services to a reasonable professional standard. Unfortunately, that doesn’t always happen. When a business fails to meet its duty of care and causes you financial loss or damage as a result, you may be able to make a professional negligence claim.

As experienced professional negligence solicitors in Ebbw Vale, South Wales, we often help individuals and businesses across Wales pursue compensation when they’ve been let down by another professional.

In this guide, we’ll explain exactly how to file a professional negligence claim against a business in Wales, what evidence you’ll need, and what to expect during the legal process.

What is professional negligence?

Professional negligence occurs when a professional fails to perform their duties to the standard expected of their profession, resulting in a loss to their client.

For example, if an accountant makes a serious error in your tax returns, or if a solicitor misses a crucial legal deadline that costs you money, this could amount to professional negligence.

To bring a successful claim, you’ll need to show three key elements:

1. Duty of care - The professional owed you a duty to act with reasonable skill and care.
2. Breach of duty - They failed to meet that standard.
3. Causation and loss - You suffered a measurable financial loss as a direct result of their negligence.

These principles apply across the UK and Wales, under common law and guided by the Limitation Act 1980, which sets the time limits for bringing claims.

Who can you make a claim against?

A professional negligence claim can be brought against almost any business or individual that provides professional services.

Common examples include:

• Accountants and financial advisers - for incorrect tax or investment advice leading to losses.
• Architects and surveyors - for flawed designs, inaccurate surveys, or construction errors.
• Estate agents and valuers - for providing misleading valuations.
• Solicitors - for errors in legal documents, missed deadlines, or poor advice.
• Insurance brokers - for failing to arrange adequate cover or misrepresenting policy terms.

In each case, the business or individual must have failed to meet the professional standard of care expected of them in their industry.

Read: Is it worth suing for professional negligence?

Step-by-step guide to filing a professional negligence claim in Wales

Step 1: Seek early legal advice

The first step is to contact an experienced professional negligence solicitor. They’ll assess your case and advise on whether your claim has legal merit.

Time limits are crucial - in most cases, you must make your claim within six years from the date of the negligent act or omission.

In some situations, you may have three years from the date you discovered the negligence, but it’s always best to act quickly.

A solicitor will also check whether alternative dispute resolution (ADR), such as negotiation or mediation, may be appropriate before formal court action is taken.

Step 2: Gather evidence

Strong evidence is vital to prove your case.

This may include:

• Contracts, letters of engagement, or service agreements.
• Emails, letters, or written advice from the business.
• Records of payments or invoices.
• Any reports, plans, or documents produced by the professional.
• Proof of the financial loss suffered (e.g. bank statements, valuations, or tax records).

Your solicitor will help you compile and present this essential evidence clearly to support your claim.

Step 3: Follow the professional negligence pre-action protocol

Before starting court proceedings, you must follow the Pre-Action Protocol for Professional Negligence.

This legal framework is designed to encourage early settlement and avoid unnecessary court cases.

The process includes:

• Letter of Claim - Your solicitor sends a detailed letter to the business setting out the allegations, how the negligence occurred, and the losses suffered.
• Letter of Acknowledgment - The business (or its insurer) must acknowledge the claim within 21 days.
• Letter of Response - Within 3 months, the business must respond in full, either admitting or denying liability.

If liability is denied or a fair settlement can’t be reached, you may then proceed to court.

Step 4: Negotiation and settlement

In many cases, disputes can be resolved through negotiation or alternative dispute resolution methods such as mediation.

Mediation allows both parties to discuss the matter confidentially, often resulting in faster and less expensive settlements than going to court. Solicitors experienced in professional negligence cases can help negotiate a fair outcome that compensates you for your losses.

Step 5: Court proceedings

If settlement isn’t possible, your solicitor will prepare to issue court proceedings in the appropriate civil court.

The case will usually be heard in the County Court or High Court, depending on the complexity and value of the claim. The court will review all evidence and determine whether negligence occurred and what compensation (known as damages) should be awarded.

Damages typically cover:

• The direct financial loss caused by the negligence.
• Any consequential losses (e.g. missed opportunities or costs incurred).
• Interest on the amount owed.

Court proceedings can be lengthy and complex, but with experienced legal representation, your chances of success are greatly improved.

Time limits for professional negligence claims

In Wales (and the wider UK), the Limitation Act 1980 sets strict time limits for making a professional negligence claim:

• Six years from the date of the negligent act or omission.
• Three years from the date you first became aware of the negligence (known as the “date of knowledge”), under the “latent damage” rule.

There is also an absolute 15-year longstop limit, meaning no claim can be brought more than 15 years after the negligence, even if you only discovered it later.

Failing to act within these time limits may result in your claim being “time-barred”, so early legal advice is essential.

Costs and funding options

Professional negligence cases can be expensive, but there are several ways to fund a claim.

These may include:

• No Win, No Fee agreements (Conditional Fee Agreements) - You only pay your solicitor if your claim succeeds.
• Legal expenses insurance - Often included in home or business insurance policies.
• Private funding - Paying legal fees directly..

Your solicitor will explain all funding options and help you choose the best route for your situation.

What to expect from the process

Filing a professional negligence claim can take several months to several years, depending on the complexity of the case and whether it settles before court.

At Fonseca Law in Ebbw Vale, we prioritise clarity, communication, and efficiency throughout the process. Our goal is always to secure a fair resolution as quickly and cost-effectively as possible, minimising stress for our clients while protecting their legal rights.

Read: Popular professional negligence cases in the UK

Why choose a solicitor experienced in professional negligence claims?

Professional negligence cases require specialist knowledge. Your solicitor must not only understand the law but also the professional standards that apply to the industry in question.

By choosing a law firm with experience across multiple legal sectors - including conveyancing, civil litigation, employment law, and business law - you benefit from broad expertise and practical, strategic advice tailored to your case.

At Fonseca Law, our team has successfully represented clients throughout Ebbw Vale, South Wales, and across the UK, helping them recover compensation and hold professionals accountable for their mistakes.

When a business or professional fails in their duty of care, it can have serious financial and emotional consequences. Thankfully, the law provides a clear route to seeking redress.

By following the correct procedure, gathering strong evidence, and working with an experienced solicitor, you can maximise your chances of success in a professional negligence claim in Wales.

If you believe you’ve suffered a loss due to professional negligence, don’t delay - get in touch with our legal team today for expert advice and support.