Our guide offers information about whether you could claim against a negligent solicitor if they impacted your personal injury claim. In cases where a solicitor has provided services that do not meet the correct standard, and this has caused you a loss of chance to pursue either your whole claim, or part of it, professional negligence may have occurred. We will explore the criteria that you need to satisfy in order for you to be eligible to begin a professional negligence claim later in this guide.
We also discuss a solicitor’s duty of care in more detail as well as provide examples of how they could fail to uphold their duty, and how this could impact your personal injury claim.
Additionally, we discuss the professional negligence compensation payout you could be awarded should your claim succeed.
We conclude by looking at how a solicitor from our panel can offer a No Win No Fee agreement to assist you through the professional negligence claims process.
Please connect with our advisors if you have any questions about claiming against a negligent solicitor as you read the sections below. They are able to offer a free case check 24/7. To reach them, you can:
- Phone our team on 0161 696 9685
- Use the online contact option
- Start a conversation via the live chat feature
Browse Our Guide
- Can You Claim Against A Negligent Solicitor If They Have Impacted Your Personal Injury Claim?
- How Could A Negligent Solicitor Affect Your Claim?
- Professional Negligence Claims – Potential Compensation You Could Receive
- Is There A Time Limit To Making A Claim Against A Solicitor For Professional Negligence?
- Claim Against A Negligent Solicitor On A No Win No Fee Basis
- Read More About Examples Of Professional Negligence
The standards of professionalism expected of solicitors is detailed in the Code of Conduct from the Solicitors Regulation Authority (SRA). The SRA regulate law firms and solicitors in England and Wales. However, not all instances of a solicitor failing to adhere to these standards will mean professional negligence has occurred. You could still raise a concern with the SRA, though, if your solicitor has failed to comply with the Code they set out.
In order to make a professional negligence claim against a negligent solicitor handling your personal injury claim, you must be able to prove the following:
- Your personal injury solicitor owed you a duty of care.
- They breached this duty.
- You suffered a loss as a result.
For further guidance on eligibility, please contact an advisor on the number above. They can discuss your case with you, and determine whether you’re eligible to make a claim against a negligent personal injury solicitor.
There are several ways a personal injury solicitor could impact your personal injury claim. Below, we have provided some examples of solicitor negligence.
- Not valuing your claim correctly: Despite providing the solicitor with evidence of all your expenses and losses, they fail to include everything when calculating your settlement. The result can mean that you receive a compensation amount that is too low.
- Missing the limitation period: There is generally a three-year time limit to starting a personal injury claim. If your solicitor does not adhere to this, it could result in your claim becoming statute-barred, meaning you are no longer able to pursue it.
- Not properly complying with court deadlines or instructions: The courts can set deadlines and instructions that a solicitor needs to comply with. If your personal injury solicitor failed to do so, it could mean the claim is struck out of court. As such, you could be left unable to pursue all, or part, of your claim.
If you would like to discuss your specific circumstances with an advisor, call our team on the number above. They can advise on whether you’re eligible to make a claim against a negligent solicitor.
The purpose of a professional negligence claim is to try and put the person in the position they would have been in had the negligence not affected their personal injury compensation claim. Therefore, a successful award can include two heads of claim called general and special damages. These can be included in personal injury settlements with each one addressing the different ways your original injuries impacted you.
Special damages compensate for the financial losses caused by your injuries. The latter can include loss of earnings that have been incurred due to time taken off work to recover from the harm sustained. Evidence in the form of payslips can help prove this loss.
General damages compensate for the pain and suffering you experienced because of your injuries. To value this head of claim, solicitors can refer to the Judicial College Guidelines (JCG). This document lists guideline amounts, some of which you can find in the table. Please ensure you use these figures as a guide only as settlements can vary depending on the unique circumstances of each case.
Award Bracket Amounts
|Injury||Level of Severity||Award Bracket Guidelines||Notes|
|Back||(a) Severe (i)||£91,090 to £160,980||The most severe cases which involve damage to the nerve roots and spinal cord causing severe disability and pain. There may also be a combination of incomplete paralysis and impaired bladder and bowel function.|
|Head||(c) Moderate (ii)||£90,720 to £150,110||This bracket includes cases where there is a level of intellectual deficit of a moderate to modest nature and the ability to work is greatly reduced or totally removed. There is also a risk of epilepsy.|
|Pelvis or Hip||(b) Moderate (i)||£26,590 to £39,170||A pelvis or hip injury that is significant. However, any permanent disability isn't major, and the future risk is not great.|
|Neck||(b) Moderate (i)||£24,990 to £38,490||Cases of fractures and dislocations that give rise to immediate severe symptoms that may require surgery.|
|Elbow||(b) Less Severe||£15,650 to £32,010||Injuries that cause function impairment but do not involve the need for major surgery or any significant disability.|
|Leg||(c) Less Serious (i)||£17,960 to £27,760||Fractures from which there has been an incomplete recovery as well as serious soft tissue injuries.|
|Knee||(b) Moderate (i)||£14,840 to £26,190||Mild future disability, such as minor instability and wasting from injuries that involve dislocation and torn cartilage.|
|Wrist||(c) Less Severe||£12,590 to £24,500||Injuries that are less severe but still involve a degree of permanent disability such as a level of persisting pain and stiffness.|
|Shoulder||(c) Moderate||£7,890 to £12,770||Frozen shoulder that creates a limitation of movement and discomfort that can persist for 24 months.|
|Ankle||(d) Modest||Up to £13,740||Minor or undisplaced fractures and less serious sprains are covered in this bracket.|
In addition to these heads of claim, an 8% interest can apply for each year that has passed.
For further guidance on professional negligence compensation when claiming against a negligent solicitor, please call our team on the number above.
In addition to ensuring your claim meets the relevant eligibility criteria, as mentioned above, you should also make sure you start your claim within the time limit for professional negligence claims. Generally, you will have 6 years to start legal proceedings.
For further information on how long you have to begin a claim against a negligent solicitor, call our team on the number above.
If you have valid grounds to pursue a professional negligence claim against a solicitor who affected your personal injury claim, you may wish to seek legal representation to help you through the different stages of the claims process. When you speak with an advisor, they will assess your case, and if they find it’s valid and has a strong chance of success, they could connect you with a professional negligence solicitor from our panel.
They offer their services via a No Win No Fee agreement. The one they can work under is called a Conditional Fee Agreement (CFA) which typically allows you access to your solicitor’s work without being required to pay when your claim starts, as it progresses, or in the event that your claim does not complete successfully.
Following the completion of a claim that succeeds, a success fee will be paid to your solicitor from your compensation. However, a legal cap applies to this fee. In addition to this, you have the opportunity to speak with your solicitor about this fee in advance, before any work takes place on your claim.
For any further information on when you could be eligible to claim against a negligent solicitor, please contact an advisor. To do so, you can:
- Phone our team on 0161 696 9685
- Use the online contact option
- Start a conversation via the live chat feature.
- When are you able to sue solicitors for professional negligence?
- What evidence do you need in professional negligence claims?
- Can I claim if my solicitor forgot to include my loss of earnings?
In addition to these links, the external resources below offer more reading:
- Guidance from the Law Society on some common legal issues.
- Information on different legal jargon from the SRA.
- Learn about making a complaint to the SRA.
Thank you for reading our helpful guide on when you could claim against a negligent solicitor. If you have any other questions or queries, please speak with an advisor.
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