Could I Claim Against My Solicitor If My Case Was Struck Out Of Court?

This guide will look at how to claim compensation after professional negligence meant your personal injury case was struck out of court. We discuss the eligibility criteria for making this type of claim against a solicitor, the compensation that could be awarded if the case were to succeed, and the evidence that could be gathered to support a claim.

case struck out of court

Could I Claim Against My Solicitor If My Case Was Struck Out Of Court?

Also, we discuss the duty of care that personal injury solicitors owe their clients, and how a case could be struck out of court if this duty was breached. We also offer some other examples of professional negligence in personal injury claims.

In conclusion, our guide explains how a solicitor offering their services under a No Win No Fee agreement could help you seek compensation.

For more information on professional negligence claims, please get in touch with an advisor. To do so, you can:

Select A Section 

  1. When Am I Eligible To Claim Against My Personal Injury Solicitor For Professional Negligence?
  2. Could I Claim Against My Solicitor If My Case Was Struck Out Of Court?
  3. Calculating Compensation In Professional Negligence Claims Against A Personal Injury Solicitor
  4. Evidence To Support A Claim Against A Personal Injury Solicitor For Professional Negligence
  5. Make A No Win No Fee Professional Negligence Claim
  6. Read More About How To Claim If Your Case Was Struck Out Of Court

When Am I Eligible To Claim Against My Personal Injury Solicitor For Professional Negligence?

A valid professional negligence claim against a personal injury solicitor will be able to show:

  • A duty of care to provide services that meet the expected standard was owed to you by your solicitor.
  • This duty of care was breached.
  • You experienced loss as a result of the breach. This loss can involve a loss of chance to pursue all, or part, of your claim, as well as financial loss.

The standards of professionalism expected of solicitors are laid out in the Code of Conduct from the regulatory body for legal professionals in England and Wales called the Solicitors Regulation Authority (SRA).

Whilst it is not necessarily professional negligence if a solicitor does not adhere to these standards, you are able to make a complaint to them if this happens.

If your personal injury solicitor has failed to uphold their duty of care, and this has caused you a loss of chance to pursue all or part of your claim, please contact an advisor to discuss your potential next steps.

Could I Claim Against My Solicitor If My Case Was Struck Out Of Court?

There are various ways in which professional negligence could have meant your case was struck out of court. For example:

  • Your solicitor may have failed to adhere to deadlines set out by the court.
  • Your solicitor may have brought your case to court when there was no reasonable cause to do so.
  • There may have been a lack of evidence in support of your case.

A claim could either be fully or partially struck out of court. If it is fully struck out, you will no longer be able to pursue the whole claim. However, if it is partially struck out, you will no longer be able to pursue the part that has been struck out, but can still continue to pursue the other parts of your case.

When Else Could I Potentially Claim Against My Solicitor?

There are other ways a solicitor could be negligent. For example:

  • Under-settling your claim. You may have provided medical evidence of psychological harm, but your solicitor failed to include this when calculating your settlement. As a result, you are awarded less compensation than you are entitled to.
  • Missing the limitation date: A solicitor needs to adhere to the time limit for personal injury claims. Allowing the time limit on your personal injury claim to expire could mean it becomes statute-barred. This can mean you are no longer able to pursue it.

To learn more about when you could make a professional negligence claim against a negligent solicitor, please get in touch with an advisor.

Calculating Compensation In Professional Negligence Claims Against A Personal Injury Solicitor

Compensation awarded in a professional negligence case that has a successful outcome aims to restore you to the financial position you would have been in had a solicitor not breached their duty of care, and caused you loss.

As such, your settlement may be calculated in a similar way to how your initial personal injury claim would have. Settlements in successful personal injury claims can comprise:

  • General damages: This head of loss compensates for the pain and suffering your injuries have caused you.
  • Special damages: This head of loss compensates for the financial losses caused by your injuries. For example, loss of earnings, care costs and medical expenses. Evidence can help prove these losses. As such, you might find it helpful to keep hold of travel tickets, receipts, and payslips.

Solicitors can use the Judicial College Guidelines (JCG) to help them value general damages. This is a document containing guideline award brackets for different injuries. You can find some of these figures in the following table. However, only use them as a guide because settlements can vary.

Award Brackets

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Area of Injury Severity Award Bracket – Guidelines Notes
Head (c) Moderate (iii) £43,060 to £90,720 Cases where concentration and memory are impacted and ability to work is reduced.
Pelvis (a) Severe (ii) £61,910 to £78,400 A fracture dislocation of the pelvis which involves the ischial and pubic rami and causes impotence.
Knee (a) Severe (ii) £52,120 to £69,730 Leg fractures which continue into the knee joint causing constant, permanent pain.
Leg b) Severe (iii) £39,200 to £54,830 Compound or comminuted fractures that are serious and result in instability and the need for prolonged treatment.
Arm (c) Less Severe £19,200 to £39,170 Despite initial significant disabilities, a substantial degree of recovery takes place or is expected to.
Back (b) Moderate (i) £27,760 to £38,780 Examples of compression or crush injuries in the lumbar vertebrae that cause constant pain and the risk of osteoarthritis.
Ankle (c) Moderate £13,740 to £26,590 Fractures and ligamentous tears that create difficulty standing for long periods, or walking on uneven ground.
Neck (b) Moderate (ii) £13,740 to £24,990 Soft tissue or wrenching-type injuries or a disc lesion of the more severe type.
Wrist (c) Less Severe £12,590 to £24,500 Injuries that result in some permanent disability such as persisting pain and stiffness.
Shoulder (c) Moderate £7,890 to £12,770 Frozen shoulder with limited movement issues and discomfort that persist for approximately 2 years.

It’s also important to note that you could receive 8% interest added to your compensation for each year that has passed since your initial personal injury case was struck out.

For further guidance on compensation for professional negligence claims, please call an advisor on the number above.

Evidence To Support A Claim Against A Personal Injury Solicitor For Professional Negligence

Evidence in professional negligence claims can help prove that your personal injury solicitor breached their duty of care, and this meant your case was struck out of court, causing you loss. As such, you may benefit from gathering:

  • Correspondence from the solicitor, such as letters and emails.
  • Meeting notes.

Additionally, you need to provide evidence that your initial personal injury claim would have been successful. To do this, you could collect:

  • Contact details from witnesses
  • Pictures of your injuries
  • Copies of your medical records

To find out whether our panel of professional negligence solicitors could assist you in building your case, please contact an advisor.

Make A No Win No Fee Professional Negligence Claim

Professional negligence solicitors on our panel can take up eligible claims. They can help collect evidence and provide vital support at every stage of the claims process.

They can offer their services under a specific type of No Win No Fee contract called a Conditional Fee Agreement (CFA). It means that no fees are required for work completed on your case by your solicitor either upfront, while in progress, or if the claim should fail.

Following a claim that completes successfully, a percentage of your compensation will go to your solicitor as their success fee. However, the amount they can take is subject to a legal cap, ensuring you keep the majority of your settlement.

Please speak to our advisors if you have any questions about whether a professional negligence solicitor could help you seek compensation if your personal injury case was struck out of court. To reach them, you can:

Read More About To Claim If Your Case Was Struck Out Of Court

Below, are more of our helpful guides relating to professional negligence:

These external resources may be helpful too:

Thank you for reading our guide on when you could make a professional negligence claim if your personal injury case was struck out of court. If you would like to get in touch with any other questions, please get in touch via the contact details above.

Article by EA

Publisher EI