By Cat Grayson. Last Updated 20th September 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
You might be wondering how much compensation for a solicitor’s negligence you could receive if your claim succeeds. Compensation for professional negligence against a personal injury or medical negligence solicitor aims to restore you to the position you would have been in had the negligence not occurred. On top of this, you can also receive an 8% rate of interest for every year that passed
A professional negligence settlement can contain up to two heads: the first is general damages. This addresses the pain and suffering you experience as a result of your injuries. When solicitors and other legal professionals value this head of claim, they can refer to the Judicial College Guidelines (JCG).
In the table below, you can find some examples of guideline compensation brackets provided by the JCG. Please note that these are not guaranteed amounts.
Area of Injury Level of Severity Award Brackets - Guidelines Notes
Head (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.
Hand (e) Serious £29,000 to £61,910 Injuries that reduce the capacity of the hand by half.
Shoulder (a) Severe £19,200 to £48,030 Neck injuries involving brachial plexus damage causing a significant disability.
Leg (b) Severe (iv) £27,760 to £39,200 Complicated or multiple fractures typically to one limb.
Arm (c) Less Severe £19,200 to £39,170 A substantial degree of recovery will take place (or is expected to) despite significant disabilities.
Neck (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.
Elbow (b) Less Severe Injuries £15,650 to £32,010 Injuries that cause impaired function but do not necessitate major surgery or significant disability.
Back (b) Moderate (ii) £12,510 to £27,760 Injuries such as ligament and muscle disturbance causing backache.
Ankle (c) Moderate £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.
Knee (b) Moderate (i) £14,840 to £26,190 Injuries that accelerate symptoms of a pre-existing condition over a prolonged period.
The second head of claim that you could pursue is known as special damages. This heading aims to help you recoup any financial damage you suffered as a result of your injuries. For example, this might include lost earnings, prescriptions, or childcare costs.
To learn more about solicitor’s negligence claims, or to find out if you could be entitled to compensation, contact our team today.
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 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 courts can strike out the claim 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 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 you 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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