By Cat Grayson. Last Updated 14th December 2023. If you have had your personal injury claim affected due to a solicitor failing to provide their services to a correct standard, it may be possible for you to make a professional negligence claim. This guide will explore the eligibility criteria that need to be met in order to do so, as well as how much compensation for solicitors negligence you could receive should you make a successful claim.
Additionally, we discuss the duty of care solicitors owe their clients in more detail, as well as provide examples of how they could breach this duty, causing you to suffer a loss of chance. This refers to the lost opportunity to pursue all or part of your claim.
To conclude, our guide will discuss the ways in which a No Win No Fee solicitor from our panel could assist you, and the terms under which they could offer their services.
For more information on when you could sue a solicitor for professional negligence, continue reading. Alternatively, please contact an advisor from our team for free advice. To get in touch, you can:
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- How Much Compensation For Solicitors Negligence Could I Receive?
- Eligibility Criteria When Claiming Against Personal Injury Solicitors For Professional Negligence
- Examples Of Professional Negligence From A Personal Injury Solicitor
- What Is The Professional Negligence Claim Time Limit?
- Use No Win No Fee Solicitors To Claim For Professional Negligence
- Read More How Much Compensation For Solicitors Negligence You Could Receive
A successful claim for professional negligence compensation should return you to the financial position you would have been in had it not been for the negligent solicitor.
If you proved your initial claim for a personal injury would have been successful, then you will receive the full amount of your compensation, plus up to 8% interest for every year that has passed since the solicitor’s negligence.
Compensation for personal injury claims may consist of two parts: general and special damages. If you can prove that your initial claim would have succeeded, you could also be awarded these two parts plus your interest. It would depend on what would have been awarded as part of your initial claim.
General Damages In Personal Injury Claims
In a successful personal injury compensation claim, general damages compensate for the physical pain and mental suffering that you have experienced due to your injuries. Those responsible for evaluating claims of these types may refer to the compensation brackets found in the Judicial College Guidelines (JCG) to assist them. The JCG is a document that lists compensation guidelines for a variety of injuries.
In our table below, we look at a few figures from the JCG 16th edition that could be relevant in a personal injury claim. However, as every claim is different, it is only provided for illustrative purposes.
|Area of Injury
|Level of Severity
|Award Brackets – Guidelines
|(c) Moderate (iii)
|£43,060 to £90,720
|Cases where concentration and memory are impacted and the ability to work is reduced, with a small risk of epilepsy.
|£29,000 to £61,910
|Injuries that reduce the capacity of the hand by half.
|£19,200 to £48,030
|Neck injuries involving brachial plexus damage causing a significant disability.
|(b) Severe (iv)
|£27,760 to £39,200
|Complicated or multiple fractures typically to one limb.
|(c) Less Severe
|£19,200 to £39,170
|A substantial degree of recovery will take place (or is expected to) despite significant disabilities.
|(b) Moderate (i)
|£24,990 to £38,490
|Dislocation and fracture injuries that create severe immediate symptoms and may give rise to the need for surgery.
|(b) Less Severe Injuries
|£15,650 to £32,010
|Injuries that cause impaired function but do not necessitate major surgery or significant disability.
|(b) Moderate (ii)
|£12,510 to £27,760
|Injuries such as ligament and muscle disturbance causing backache.
|£13,740 to £26,590
|Fractures and ligamentous tears that create less serious disabilities such as difficulty walking on uneven ground, or standing for long periods.
|(b) Moderate (i)
|£14,840 to £26,190
|Injuries that accelerate symptoms of a pre-existing condition over a prolonged period.
Special Damages In Personal Injury Claims
In addition to general damages, in professional negligence cases against a negligent solicitor, you could recover the financial losses that you would have recovered in your initial claim under special damages. Some of these could include:
- Your loss of earnings for time off recovering from your injury.
- Travel expenses to medical appointments.
- Medical costs, including medications and therapy.
- Modifications to your home to help cope with your injury, such as a stairlift.
- Other financial losses incurred as a result of your injuries.
For a free consultation, expert advice and a valuation of your potential professional negligence compensation, speak to a member of our advisory team.
In order to make a professional negligence claim against a personal injury solicitor, you need to prove the following:
- Your personal injury solicitor owed you a duty of care.
- This duty of care was breached.
- You experienced loss as a result.
The Solicitors Regulation Authority (SRA), the regulating body for solicitors and lawyers in England and Wales, set out the standards of professionalism expected in the Code of Conduct. You can raise your concerns to the SRA about a solicitor who hasn’t adhered to these standards. However, it is not an automatic case of professional negligence if these standards aren’t upheld.
We explore some specific examples of personal injury solicitor professional negligence below. Read on to learn more. Alternatively, you can discuss your specific case with an advisor by calling on the number above.
Below are some examples of professional negligence involving a personal injury solicitor.
- Under-valuing or incorrectly valuing a settlement – Solicitors must consider all the relevant facts and information when valuing a claim. If your solicitor was in possession of all the relevant information to fully value your claim but failed to, this can create a loss. For example, they may have failed to include the cost of long-term physiotherapy costs or your loss of earnings despite having evidence of these. As a result, you may have been awarded less compensation than you were entitled to.
- Missing the three-year period of limitation – The legal proceedings for personal injury claims must generally be started within a three-year time frame. If your solicitor fails to adhere to this limitation date, it could mean your claim becomes statute-barred. In these instances, you would no longer be able to pursue your claim.
- Missing court deadlines – The courts may set deadlines and outline instructions for the solicitor to meet. Should they fail to do so, the claim be struck out by the court either in part or in full. As a result, you would no longer be able to pursue all or part of your claim.
If you experienced a loss of chance due to your solicitor’s negligence, please get in touch with an advisor. They can provide guidance on whether you’re eligible to make a professional negligence claim, and offer further insight into how much compensation for solicitors negligence you could receive.
In addition to meeting the eligibility criteria mentioned earlier in our guide, you also need to ensure you start your professional negligence claim within the limitation period. You would generally have 6 years to do so, as per the Limitation Act 1980.
To learn when this limitation period may start in your particular case, please speak to our advisors for personalised guidance.
If you wish to instruct a solicitor to assist you in making a professional negligence claim, you may benefit from working with a solicitor from our panel. They can help build your case, gather evidence, and value your claim. Additionally, they can give you regular updates at each stage of the claims process, and explain any complex legal jargon.
More importantly, they can provide their services through a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). By entering into this type of contract, you won’t typically need to pay for their services at the following times:
- When your case begins.
- As your case proceeds.
- If your case has an unsuccessful outcome.
After the completion of a successful claim, you will be awarded compensation, from which a solicitor will take a success fee. The percentage they take as this fee is legally capped, and you can discuss the fee with them before any work starts on your case.
For more information about whether you’re eligible to make a professional negligence claim, how much compensation for solicitors negligence you could be awarded, and whether a solicitor from our panel could help you, get in touch with an advisor. To do so, you can:
For more of our helpful guides:
- Learn more about professional negligence claims against a solicitor.
- A helpful guide on the evidence you need in professional negligence claims.
- Read further information about how professional negligence solicitors can help you.
These external resources also offer more help:
- The Law Society – Civil Litigation
- SRA – Instructing A Solicitor
- The Legal Ombudsman – Make A Complaint
Thank you for reading our guide on how much compensation for solicitors negligence you could potentially receive. If you have any further questions, please don’t hesitate to contact an advisor on the number above.
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