In this guide, we discuss whether you could be eligible to make a professional negligence claim following a personal injury or medical negligence solicitor making errors in court filings or documents. If there are errors made, it could potentially result in you suffering a loss of chance. This refers to the lost opportunity to pursue all or part of your claim. We provide guidance on the eligibility criteria that need to be met in order to claim for the way you have been affected by any errors made with your initial case.
Furthermore, we offer examples of the impact an error in court documents could have on a claimant.
Additionally, we discuss the evidence that can be used to support a valid case and the professional negligence compensation that could potentially be awarded in successful claims against a solicitor.
Finally, we discuss the benefits of working with a professional negligence solicitor on a No Win No Fee basis.
If you require any other information whilst or after reading our guide, please contact an advisor. To do so, you can:
Browse Our Guide
- Can You Make A Claim Against A Solicitor For Professional Negligence?
- Examples Of How Making Errors In Court Filings Or Documents Could Occur
- Potential Compensation For Professional Negligence Claims Against A Personal Injury Solicitor
- Is There A Time Limit When Claiming For Professional Negligence?
- Make A No Win No Fee Professional Negligence Claim
- Find Out More About If You Could Claim For Your Solicitor Making Errors In Court Filings Or Documents
Professionals owe their clients a duty of care. This extends to solicitors handling claims for medical negligence and personal injury. They must provide services that meet the correct standard. If their is a failure to do so, it could cause you to suffer a loss of chance to proceed with either all or part of your claim.
If you meet the eligibility criteria, you could make a professional negligence claim against the solicitor. This would mean proving:
- You were owed a duty of care by the solicitor handling your personal injury or medical negligence claim.
- This duty was breached by the solicitor providing services that fell below the correct standard.
- You experienced a loss of chance as a result.
To discuss your specific case and find out whether you could claim against a solicitor for making errors in court filings or documents, please call an advisor on the number above.
The Solicitors Regulation Authority (SRA), the regulatory body that oversees solicitors and law firms in England and Wales, have a Code of Conduct which outlines the professional standards expected of solicitors. Not all cases of a solicitor failing to adhere to this Code is considered professional negligence. However, you can make a complaint to the SRA if your solicitor has failed to comply with these standards.
Below, we have provided examples of how a personal injury solicitor or solicitor handling a medical negligence claim could make errors in court filings or documents:
- Your solicitor could fail to file a loss of earnings resulting in you losing the chance to receive compensation for this financial loss.
- Your solicitor could fail to file medical evidence of your psychological injuries, filing only evidence of your physical injuries. As a result, you lose the chance to pursue compensation for the mental harm you suffered.
- The court may set deadlines in which documents need to be filed. If documents aren’t filed within the stated deadline, it could cause part or all of your case to be struck out.
- There may have been a failure to file a substantial defense for the claim resulting in the judge striking out the claim from court.
- Your solicitor has lost your medical records entirely and misplaced them which can result in a lack of evidence for a medical negligence case.
If you have evidence of solicitor negligence, call our team to determine whether you could pursue professional negligence compensation.
After you make a successful professional negligence claim against a medical negligence or personal injury solicitor, you could be awarded compensation that aims to put you in the position you would have been in had the negligence not occurred.
As such, you could be awarded a settlement comprising general and special damages as you would have been in the initial personal injury or medical negligence claim. You could also receive 8% interest per annum on top of your settlement for each year since the negligence occurred.
Special damages compensate for the financial losses caused by the injuries, such as lost income or medical costs. Evidence in the form of payslips and receipts could prove these expenses.
General damages compensate for the pain and suffering caused by the injuries. Solicitors are able to refer to the Judicial College Guidelines (JCG) as a way of helping them value general damages. You can find an excerpt below. However, please use them as a guide only.
|Level Of Severity
|Guideline Compensation Brackets
|(a) Severe (i)
|In the region of £148,330
|Cases of incomplete paraplegia or a neck injury resulting in permanent spastic quadriparesis.
|(a) Severe (i)
|£69,730 to £96,210
|A serious knee injury causing, for example, joint disruption, lengthy treatment and considerable pain and loss of function.
|(c) Moderate (iii)
|£43,060 to £90,720
|Cases where concentration and memory are impacted and ability to return to employment in greatly reduced.
|(a) Severe (ii)
|£61,910 to £78,400
|A fracture dislocation to the pelvis involving the ischial and pubic rami causing impotence.
|£41,970 to £70,030
|Cases of an unusually severe injury to one foot, such as those resulting in severe degloving or extensive surgery.
|(c) Less Serious (i)
|£17,960 to £27,760
|Serious soft tissue injuries or fractures where the recovery is incomplete.
|(b) Moderate (ii)
|£12,510 to £27,760
|Muscle or ligament disturbance causing backache.
|(c) Less Severe
|£12,590 to £24,500
|Permanent disability, such as a level of ongoing pain and stiffness.
|Up to £13,740
|Injuries such as less serious fractures and sprains.
|£7,890 to £12,770
|Frozen shoulder issues that limit movement and cause persisting discomfort for approximately 2 years, but not permanently.
For further guidance compensation for professional negligence claims, call an advisor today.
Generally, a 6-year time limit applies in professional negligence claims. This means you have 6 years to initiate legal proceedings.
To learn more about the time limit and any potential exceptions that could apply, please contact an advisor on the number above.
If you are eligible to begin a claim against a solicitor for making errors in court filings or documents, you could benefit from seeking legal representation. The professional negligence solicitors from our panel could offer their services under No Win No Fee terms.
This means they might offer you a contract called a Conditional Fee Agreement (CFA) which typically allows you access to your solicitor’s services whilst avoiding paying fees:
- While your case progresses,
- Following the completion of an unsuccessful case.
After a claim has had a successful outcome, the solicitor will keep a percentage of your compensation as a success fee. There is a legal cap on this percentage, which ensures you retain the bulk of your settlement.
For further guidance on claims against negligent solicitors and whether you could benefit from the No Win No Fee service our panel of professional negligence solicitors, call an advisor. To reach them, you can:
Find Out More About If You Could Claim For Your Solicitor Making Errors In Court Filings Or Documents
We offer more helpful guides relating to professional negligence:
- Read our guide on the evidence needed for professional negligence claims and how it could help support your case.
- Learn whether you could claim if their was a failure by your solicitor to adhere to the limitation date and it led to you being unable to continue pursuing your case.
- Discover whether you could claim against a solicitor for not meeting deadlines or missing court appearances and the compensation you could be awarded.
Also, these external resources may help:
- Information about common legal issues from the Law Society.
- Guidance on complex legal jargon from the SRA.
- The Pre-Action Protocol for Professional Negligence from the Ministry of Justice.
Thank you for reading our guide on when you could make a professional negligence claim following your solicitor for making errors in court filings or documents. If you have any other questions, please contact an advisor on the number above.
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