The three elements of a successful negligence claim

2 – Loss or ‘damage’

With some exceptions, in order to make a successful claim for negligence against a solicitor, it will be necessary to point to some sort of loss or ‘damage’ being suffered by the client. If a solicitor is negligent but it does not result in any loss or damage being caused, then there may well be no legal claim that results from the negligence.

Loss need not be a monetary loss (although it often is). It might be damage to reputation. It might be the loss of a chance to participate in an event or opportunity. In fact, it may actually be a profit but simply a lower profit than would have been made had proper advice been given.