You may be wondering, ‘Can I claim if my solicitor let my personal injury claim expire?’ To answer this question, our guide will look at the duty of care your solicitor has to provide you with a service of reasonable care and skill and how failure to do this could mean you lose the chance to pursue your original claim.
We also explore the types of evidence that can be used to support a claim for professional negligence. As well as the time limits for starting a claim like this. Our guide also discusses the way that a professional negligence solicitor from our panel could offer the expertise and insight under a No Win No Fee agreement.
We offer our readers a free case check for eligibility. If you would like to take advantage of this offer, please get in touch with our advisors. You can:
Browse Our Guide
- When Can I Make A Professional Negligence Claim Against A Solicitor?
- Can I Claim If My Solicitor Let My Personal Injury Claim Expire?
- Time Limit To Make A Professional Negligence Claim Against A Solicitor
- Examples Of Potential Compensation
- Can I Use Your Panel Of Solicitors To Claim If My Solicitor Let My Personal Injury Claim Expire?
- Resources For Making Professional Negligence Claims
A common duty of care is owed by solicitors to their clients. Professional negligence may typically occur when a solicitor breaches this duty and causes their client to suffer a partial or full loss of chance to pursue their claim. Proving this can be a valid foundation for seeking damages. This guide will look specifically at how a personal injury solicitor could be negligent.
The regulator of law firms in England and Wales, the Solicitors Regulation Authority (SRA), provides a Code of Conduct of expected standards for professionalism. Failure to meet them may not always be classed as negligence but you can complain to this organisation if you have concerns.
If you feel that you could be eligible to claim compensation for losses against a solicitor for professional negligence, our team are on hand to offer immediate guidance on your options. Just call on the number above.
Under the Limitation Act 1980, different types of claims must have their legal proceedings initiated in court before the time limit expires. This Act outlines a three-year time limit for personal injury or medical negligence claims. This usually starts from the date of the injury or the date when it becomes clear that medical negligence caused ill health.
If a solicitor missed the limitation date and failed to submit necessary documents to the courts on time, the case would become statute-barred, and the claimant would no longer be able to pursue this case for compensation.
If the solicitor misses the limitation date, they could be seen as being in breach of their duty of care, and therefore, their client could make a professional negligence claim against them for the loss of chance to pursue their personal injury claim.
To start a claim for professional negligence, please speak to our advisors.
Are There Other Instances Where I Could Claim Against A Solicitor For Professional Negligence?
There are other ways in which personal injury solicitors and medical negligence solicitors could fail to meet the correct standards in their services, such as:
- Under-valuing your claim: If a personal injury or medical negligence solicitor failed to include your financial losses within your claim, despite being provided with that information, you would receive less compensation than you were entitled to.
- Failing to comply with the court: In addition to general time limits, courts can request information or set timetables that must be met. If a solicitor fails to meet these deadlines, this also could result in part or all of the claim being struck out, meaning it can no longer be pursued.
Solicitors are obliged to inform clients if their claim has been struck out or statute barred. If you received correspondence about this and the cause was a breach get in touch for guidance on your options.
When asking, ‘How long do I have to claim if my solicitor let my personal injury claim expire?’ it’s important to be aware that the standard time limit for professional negligence claims is 6 years. There are exceptions to this time limit.
For a precise assessment of your claim, we invite you to get in touch with our advisors.
A claim for professional negligence tries to put the claimant in the position they would have been in if negligence had not happened. With this in mind, both personal injury and medical negligence claims can include general and special damages. In addition to this, an 8% interest per annum is added to the compensation awarded in a successful claim.
So in a professional negligence claim against a personal injury solicitor, you would generally be awarded compensation under the head of losses used in personal injury claims: General damages in personal injury claims aim to compensate the person for the pain, suffering and long-term health implications caused by their injuries. Legal professionals refer to a publication called the Judicial College Guidelines (JCG). It lists award brackets for injuries to aid in how a compensation claim is calculated.
It’s important to note that claims are valued on a case-by-case basis. The table below lists some typical injuries found in personal injury claims:
|Area of Harm||Severity||Award Brackets||Notes|
|Arm||(a) Severe||£96,160 to £130,930||Injuries almost as significant as amputation.|
|Neck||(a) Severe (iii)||£45,470 to £55,990||Fractures or dislocations or severe damage to soft tissues.|
|Head||(c) Moderate (iii)||£43,060 to £90,720||Cases where concentration and memory are affected and ability to work is reduced.|
|Back||(a) Severe (iii)||£38,780 to £69,730||Disc lesions or fractures of discs leading to chronic conditions and the risk of arthritis.|
|Ankle||(b) Severe||£31,310 to £50,060||Injuries that require a extensive period in plaster or surgical pins. Impact on employment and risk of osteoarthritis.|
|Leg||(c) Less Serious (i)||£17,960 to £27,760||A reasonable recovery but the person may be left with a defective gait or limp.|
|Elbow||(b) Less Severe Injuries||£15,650 to £32,010||Injuries that cause impaired function but do not require major surgery or leave significant disability.|
|Knee||(b) Moderate (i)||£14,840 to £26,190||Torn cartilage and dislocation issues that cause minor instability and risk of other future disability.|
|Wrist||(c) Less Severe||£12,590 to £24,500||Less severe injuries that may nonetheless still result in permanent disability.|
|Shoulder||(c) Moderate||£7,890 to £12,770||Frozen shoulder issues that limit movement and cause persisting discomfort for about 2 years and minimal symptoms beyond this.|
Special damages are the second head of loss that may apply. You can use receipts, invoices, payslips and statements that show the money you lost or needed to pay out to deal with your injuries. Eligible expenses can include:
- Loss of earnings
- Prescription charges
- Adaptations to home and vehicle
- Domestic care costs
- Travel expenses.
A professional negligence solicitor from our panel can help you to gather evidence and use it to calculate potential compensation. They can offer these services under a specific type of No Win No Fee contract. This can be a Conditional Fee Agreement (CFA).
Typically, this means that there are no fees required for the solicitor’s services up front or any needed if the claim fails. Claims that are successful mean your solicitor deducts a small and limited percentage from the settlement as a success fee. Also, you can discuss the fee with your solicitor prior to beginning your claim with them.
If you have any questions about the topics discussed, please get in touch. After a free assessment of eligibility, our advisors could connect you with a No Win No Fee solicitor from our panel to help. Simply:
Here are some more of our guides on professional negligence claims:
- What evidence do you need for a professional negligence claim?
- More on when you may be able to sue a solicitor for professional negligence
- Can I claim if my solicitor forgot to include loss of earnings?
These external resources may help:
- Ministry of Justice – Pre-Action Protocol For Professional Negligence Claims
- SRA – Legal Jargon Explained
- The Law Society – Common Legal Issues
Thank you for reading our guide about whether you can claim if your solicitor let your personal injury claim expire. Our advisors can answer any other questions you may have about starting your claim when you get in touch at the contact details above.