This guide will look at if you could make a professional negligence claim against your personal injury or medical negligence solicitor if they forgot to include loss of earnings in your claim. We define what is meant by a solicitor’s professional negligence and how this can cause you to suffer losses.
This guide will begin looking at the eligibility criteria for making a valid professional negligence claim against a solicitor who may have represented you in a civil claim such as a personal injury case. We discuss the duty of care that solicitors owe to their clients and how if this is breached can cause you to suffer the loss of chance. Not only must you satisfy the professional negligence eligibility criteria in order to pursue a claim, but you also need to be within the limitation period, which we discuss further down in this guide.
In addition, we discuss the evidence that can support a claim. In conclusion, our guide explains the benefits of working with a No Win No Fee solicitor to help get started.
Our advisors can answer any questions you may have about starting a professional negligence claim. To see if you qualify after a solicitor forgot to include loss of earnings in your claim, why not take advantage of the free assessment we offer? You can:
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- When Am I Able To Make A Professional Negligence Claim?
- Can I Claim If My Solicitor Forgot To Include Loss Of Earnings?
- Time Limit To Make A Professional Negligence Claim
- Claim Compensation For Professional Negligence On A No Win No Fee Basis
- Learn More About Claiming After Your Solicitor Forgot To Include Your Loss Of Earnings
All professionals, owe a duty of care to exercise reasonable skill when providing a service to their clients. If the solicitor were to breach this duty of care and provide a service that does not meet the correct standard, it could result in their client suffering a loss: this could be a loss of chance to pursue all or part of their claim. Therefore the client could potentially miss out on compensation.
The expected standards for solicitor professionalism are detailed in a Code of Conduct. This is set out by the Solicitors Regulation Authority (SRA), a body responsible for regulating solicitors and law firms in England and Wales. If a solicitor forgot to include loss of earnings as part of their client’s claim despite having all the information, then the client would lose the chance to pursue compensation for reimbursement for lost earnings, by making a professional negligence claim against the solicitor for forgetting to include their loss of earnings they can recoup this loss.
It is important to clearly establish that their actions caused you to suffer losses. So, find out more from our team about potentially starting your claim.
If you have made a successful personal injury or medical negligence claim and awarded compensation, but your solicitor forgot to include your loss of earnings when settling your claim even though you had provided them with the correct evidence, you could be eligible to file a claim against them.
Loss of earnings in your personal injury claim would have come under the head of claim known as special damages. This head of the claim relates to the financial impacts of the injuries. One item that may qualify under special damages is to reclaim current and future loss of earnings. Payslips and bank statements are needed as evidence to support this.
After an injury, you may be unable to work for a period of time. Or you may suffer long-term and ongoing health issues that limit or stop you from returning to your original career. A solicitor can calculate these drops in earnings and how they may go on to impact you in the future. This is calculated by assessing anticipated earnings over a projected period of years.
Again, it’s vital to show that the solicitor was in receipt of all documentation but forgot to include loss of earnings in your compensation calculations. You can speak to our team for immediate guidance with any questions on this.
When Else Am I Able To Make A Professional Negligence Claim Against A Solicitor?
There are other instances where a solicitor’s actions can be deemed as professional negligence:
- Under-settling the claim – this is when a solicitor provides bad advice to their client by urging them to settle for too little an amount. This could result in the client receiving less compensation. Failure to include vital calculations such as loss of earnings is an example.
- Missing the limitation date – There is a three-year time limit to start a personal injury or medical negligence claim set out in the Limitation Act 1980. If the solicitor fails to manage the claim properly and missed the limitation date, the claim can become statute-barred. Therefore, it can no longer be pursued and the client may lose out.
- The solicitor’s actions resulted in the claim being dismissed – In some cases, the solicitor may fail to forward essential court documents or comply with other court deadlines. Any delay or error on the solicitor’s part could result in the claim being struck out by the court.
Professional negligence claims after a solicitor forgot to include loss of earnings must have legal proceedings initiated within a 6-year time limit. This is outlined in the Limitation Act 1980.
For any questions about personal injury time limits, or when your professional negligence claim could start, please feel free to get in touch with our team for free, no-obligation guidance.
At Advice.co.uk, we could connect you with a professional negligence solicitor to help. Our panel of expert solicitors offer their services under a No Win No Fee agreement. They may offer a Conditional Fee Agreement (CFA) to eligible claimants. This provides various benefits, namely:
- There is no requirement for upfront or ongoing fees
- Should the claim not be successful, the solicitors typically require no fees for the work completed on the claim
- Successful claim outcomes only require a small percentage to be taken from the payout made. This functions as a success fee.
If you would like to have your case assessed after a solicitor forgot to include loss of earnings as part of your claim, simply:
As well as claims if a solicitor forgot to include loss of earnings, we look at other aspects of professional negligence:
- How could professional negligence solicitors help you?
- What evidence do you need in professional negligence claims?
- More on making a professional negligence claim against a solicitor
In addition to this, these external resources may be helpful: