Can I Claim If My Solicitor Missed The Limitation Date?

This guide will explore whether you could be eligible to begin a professional negligence claim if your solicitor missed the limitation date for your personal injury or medical negligence claim.

solicitor missed limitation date

Can I Claim If My Solicitor Missed The Limitation Date?

Under the Limitation Act 1980, there is a three-year time limit in which to start a claim for medical negligence or for a personal injury. If your solicitor missed this limitation period, this can lead to your claim becoming statute-barred, meaning you lose the chance to pursue your claim. This could constitute a breach of your solicitor’s duty of care. If this breach caused you loss, you could begin a claim for professional negligence against your solicitor.

Throughout this guide, we discuss the eligibility criteria in more detail as well as provide a definition of professional negligence and an overview of the duty of care your solicitor owes you as their client.

Additionally, we explore the purpose of professional negligence settlements and how they may be calculated in claims against a negligent solicitor.

This guide concludes by detailing the benefits of working with a professional negligence solicitor from our panel on a No Win No Fee basis.

For more information, you can get in touch with an advisor. To reach them, you can:

Jump To A Section 

  1. When Am I Able To Claim Against A Solicitor Who Missed The Limitation Date?
  2. Examples Of How A Solicitor Could Have Missed The Limitation Date
  3. Other Potential Examples Of Professional Negligence By A Solicitor
  4. How Much Compensation Could I Receive From A Professional Negligence Claim?
  5. Contact Us About Using Our Panel Of No Win No Fee Solicitors To Claim
  6. Learn More About Claiming Against A Solicitor Who Missed The Limitation Date

When Am I Able To Claim Against A Solicitor Who Missed The Limitation Date?

In order to make a claim against a solicitor, you need to demonstrate the following:

  • Firstly, a solicitor owed you a duty of care.
  • Secondly, they breached this duty.
  • Finally, you experienced loss as a result of the breach.

Together, these three points constitute professional negligence, for which you could be eligible to claim.

The Solicitors Regulation Authority (SRA) sets the Code of Conduct which describes the standards of professionalism expected of solicitors who are authorised by the SRA to provide legal services.  Whilst it is not necessarily professional negligence if these aren’t adhered to, solicitor’s do still have a responsibility to provide services that meet the correct standard. This is the duty of care they owe clients.

For example, when handling a personal injury or medical negligence claim, they must ensure legal proceedings are started within the limitation period. A failure to do so is a breach of their duty. This could lead to you experiencing a loss of opportunity to pursue your whole claim as it will become time-barred.

To learn whether you’re eligible to make a professional negligence claim against a solicitor who missed the limitation date, please get in touch on the number above.

Examples Of How A Solicitor Could Have Missed The Limitation Date

There are several reasons why a solicitor may have missed the limitation date, leading to your claim becoming statute-barred. For example, they may have:

  • Lost evidence provided in support of your case
  • Forgot to begin working on your case
  • Let the limitation period run out because there was not enough time to bring forward your claim

To discuss your specific case and find out whether you could begin a claim against a negligent solicitor for professional negligence, please speak with an advisor via the number above.

Other Potential Examples Of Professional Negligence By A Solicitor

There are several other ways a solicitor handling personal injury or medical negligence claims could breach their duty of care and provide services that fall below the correct standard. For example:

  • A solicitor may under-settle your claim. For example, if you provide them with evidence of lost income but they fail to include this when valuing your claim, this can result in you receiving less compensation than you are entitled to.
  • A solicitor may cause your claim to be struck out of court. For example, if they failed to comply with court-deadlines, this could mean your case is struck out, either partially or wholly. As a result, you would lose the chance to pursue either part or all of your claim.

What Evidence Could Help Me When Claiming Against A Solicitor For Professional Negligence?

You may be wondering what evidence you need in professional negligence claims. Evidence can be used to prove that a solicitor was negligent. For example, you could gather:

  • Correspondence between you and your solicitor about your initial personal injury or medical negligence claim
  • Meeting notes

Additionally, you could provide evidence that your initial claim would have been successful. For example:

  • Medical records
  • Witness contact details
  • Pictures of your injuries and the accident

If you are unsure what evidence could help support your case, you may benefit from working with a professional negligence solicitor from our panel. They have experience handling claims similar to your own and could help you build your case.

To learn whether you could be eligible to have them represent your case, please speak with an advisor by calling the number above.

How Much Compensation Could I Receive From A Professional Negligence Claim?

Compensation awarded following a successful professional negligence claim against a solicitor who missed the limitation date aims to put you in the position you would have been in if the negligence had not occurred.

In successful personal injury claims, for example, settlements can comprise up to two heads of claim; general damages and special damages. As such, if your professional negligence claim against a negligent personal injury solicitor is successful, you could be awarded a settlement made up of these two heads.

Special damages aim to compensate for the financial losses caused by the injuries suffered. For example, loss of earnings incurred as a result of having to take time off from work while recovering.

General damages aim to compensate for the suffering and pain caused by the injuries suffered. Legal professionals can use a document called the Judicial College Guidelines to help them value injuries. This is a document that contains guideline award brackets, some of which we have included in the table below.

Please use these as a guide only as each payout will vary according to individual circumstances.

It’s also important to note that you can receive an additional 8% interest on top of your compensation for each year that has passed since your initial claim.

Guideline Compensation Table

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Injury Severity Level Award Bracket – Guidelines Other Information
Arm (a) Severe £96,160 to £130,930 Injuries that might fall short of amputation but leave the individual little better off than if they had lost the arm completely. Examples include a serious brachial plexus injury.
Head (c) Moderate (iii) £43,060 to £90,720 Injuries that impact concentration and memory and where the ability to work is reduced.
Knee (a) Severe (ii) £52,120 to £69,730 A leg fracture that extends into the knee joint and causes pain that is permanent and constant. There will also be limited movement and an impairment of agility.
Leg (b) Severe (iii) £39,200 to £54,830 Serious compound or comminuted fractures.
Pelvis (b) Moderate (i) £26,590 to £39,170 A significant pelvis or hip injury that causes a permanent disability but this is not major.
Neck (b) Moderate (i) £24,990 to £38,490 A fracture or dislocation that causes severe and immediate symptoms that require a spinal fusion.
Back (b) Moderate (i) £27,760 to £38,780 A substantial risk of osteoarthritis with ongoing pain and discomfort from a compression or crush fracture of the lumbar vertebrae.
Elbow (b) Less Severe £15,650 to £32,010 Injury that causes impaired function but does not involve major surgery or cause a significant disability.
Ankle (c) Moderate £13,740 to £26,590 Ligamentous tears and fractures which cause less serious disabilities including difficulty in walking on uneven ground, standing for long periods and awkwardness on stairs.
Shoulder (c) Moderate £7,890 to £12,770 Frozen shoulder that causes limited movement and discomfort for around two years.

For more information on compensation for professional negligence, please contact an advisor on the number above.

Contact Us About Using Our Panel Of No Win No Fee Solicitors To Claim

You may find it beneficial to work with a solicitor from our panel when making a professional negligence claim. They have experience with claims of this nature and can assist you in seeking compensation.

Additionally, they can offer to work your claim in a No Win No Fee capacity. As such, they may offer you a Conditional Fee Agreement (CFA) which is a contract that can allow you access to your solicitor’s services without the need to pay upfront or as your claim proceeds. Also, you won’t need to pay for the work your solicitor has completed on your case if it fails.

If your claim has a successful outcome, you will need to pay a  success fee from your compensation. This is paid to your solicitor. However, there is a legal cap placed on the fee.

If you wish to find out whether you have a valid grounds to pursue a professional negligence claim against a solicitor who missed the limitation date, speak with an advisor. To get in touch you can:

Learn More About Claiming Against A Solicitor Who Missed The Limitation Date

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Thank you for reading our guide on when you could be eligible to make a professional negligence claim against a solicitor who missed the limitation date for your personal injury or medical negligence claim. If you have any other questions, call an advisor on the number above.

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