Claiming Against A Solicitor For Failing To Properly Investigate A Case

A solicitor failing to properly investigate a case can have a significant impact on the outcome of your personal injury claim or medical negligence claim. You could miss out on some of the compensation you were entitled to due to a solicitor’s mistakes, or your claim could be struck out entirely.

We will outline the eligibility criteria to begin a professional negligence claim against a personal injury solicitor. Our guide examines the duty of care solicitors owe to their clients as legal professionals, as well as a brief explanation of how their professional conduct is regulated in England and Wales.

You will see information on how compensation is calculated in professional negligence claims against solicitors for failed personal injury compensation claims under the two different heads of loss, including a compensation table for your reference.

Towards the end of this guide, we have included a short overview of the No Win No Fee agreement our panel of expert professional negligence solicitors can offer their services under, including the benefits to you when beginning your potential claim under such a contract. 

Our advisors are on hand 24/7 to answer any questions you may have regarding the claims process. They can also provide an assessment of your eligibility to begin a claim free of charge. Contact our team today via:

  • Phone on 0161 696 9685.
  • Completing our online “Contact Us” form here.
  • The live chat function at the bottom of your screen.

An image that displays a note pad reading professional negligence.

Browse Our Guide

  1. Is Failing To Properly Investigate A Case Solicitor Negligence?
  2. Is There A Professional Negligence Claim Time Limit?
  3. Can You Claim Against A Solicitor For Failing To Properly Investigate A Case?
  4. Compensation You Could Receive From A Professional Negligence Claim
  5. Use Our Panel Of No Win No Fee Solicitors To Sue For Professional Negligence
  6. Learn More About Claiming For Solicitor Negligence

Is Failing To Properly Investigate A Case Solicitor Negligence?

Solicitor negligence is where a solicitor fails to uphold the duty of care they owe their client, resulting in that client experiencing some form of loss. Solicitors are trained professionals who undergo rigorous training and accreditation by the Solicitors Regulation Authority (SRA), the professional regulatory body for solicitor training and services in England and Wales. This means that solicitors are expected to adhere to high standards of professional conduct when providing legal services to their clients, including conducting a proper investigation.

Failures to investigate properly during the claims process can have detrimental impacts on your case. For example, your case could be undervalued, where you receive less compensation than you are entitled to, or a court could “strike out” the case, dismissing it in part or its entirety. 

The eligibility criteria for professional negligence claims against personal injury solicitors for failing to properly investigate a case, will need to be satisfied:

  1. The solicitor owed you a duty of care.
  2. They breached this duty by failing to meet the expected standard of a trained legal professional.
  3. You suffered a loss due to the solicitor’s negligence.

A loss of chance is where you have lost, either in part or entirely, the opportunity to pursue your particular claim. We examine this in more depth in the next section. It is important to note that in order to make a solicitor negligence claim, you are able to demonstrate that the solicitor’s failure to investigate properly was the reason for the loss of chance. 

Is There A Professional Negligence Claim Time Limit?

Professional negligence claims are subject to a limitation period of 6 years. This means that any legal proceedings for the breach must be initiated within 6 years.

Our team of experienced and dedicated advisors can offer further guidance on the limitation periods, as well as assess your eligibility to begin a claim for free. You can reach our advisors 24 hours a day using the contact information given above. 

Can You Claim Against A Solicitor For Failing To Properly Investigate A Case?

In this section we have included some possible scenarios where a solicitor failing to properly investigate a case could amount to professional negligence. Potential examples of a failure to investigate part of your claim could include:

  • A solicitor fails to obtain sufficient medical evidence. This resulted in your psychological injury not being valued alongside your physical injuries, resulting in you receiving less compensation than you were entitled to. 
  • Failure to obtain witness statements can mean key supporting evidence of how your accident occurred was missing from your claim, leading to your case being partially struck out.
  • A solicitor could neglect to consult with relevant experts, meaning crucial expert evidence is not raised during your claim. 

There are other ways a solicitor’s failure to investigate personal injury claims can result in a loss of chance.  So, for a free assessment of your particular circumstances, please get in touch with our dedicated advisory team using the details provided below.

Compensation You Could Receive From A Professional Negligence Claim

The core aim of a professional negligence claim against a personal injury solicitor for failing to properly investigate a case is to restore you to the position you would have been in had the solicitor’s failure to investigate your claim not occurred.

As this particular claim would be against a personal injury or medical negligence solicitor if it is proven that but for the negligence of the solicitor, you would have been awarded compensation, your claim would include the heads of loss found in these claims. Therefore, you can claim compensation for the physical and psychological harm you experienced under general damages as you would have in your initial claim. You may also be eligible to claim for costs stemming from your injuries under special damages.

When calculating a potential value for general damages in your particular case, the legal team can make reference to the Judicial College Guidelines (JCG). This publication contains descriptions of various types of harm, along with guideline award brackets for each. We have taken a selection of these brackets for use in the table here. The first entry is not a JCG entry. 

Compensation Table

We would also like to emphasise that this table has been included to serve as guidance only. This is due to the individual nature of personal injury claims.

Area of HarmSeverityGuideline AwardDefinition
Multiple very serious injuries plus special damages Very Severe Up To £1,000,000+This bracket looks at a combination of very serious injuries and their expenses and costs.
Head(a) Very Severe (i) £282,010 to £403,990Top of this bracket there may be some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns.
Head(c) Moderate (i) £150,110 to £219,070Injuries that cause intellectual deficit to a moderate to severe level or impacting speech and sight. No prospect of employment.
Knee(a) Severe (ii) £52,120 to £69,730A leg fracture that extends into the knee resulting in constant pain and discomfort as well movement limitation or instability.
Leg(b) Severe (iii) Serious£39,200 to £54,830Serious compound or comminuted fractures causing instability and risk of arthritis.
Fingers(f) Severe Finger FractureUp to £36,740Cases of partial amputation that results in impaired grip and deformity.
Back(b) Moderate (i) £27,760 to £38,780Crush fractures in the lower back and lumbar region creating a high risk of osteoarthritis.
Elbow(b) Less Severe £15,650 to £32,010Injuries that prompt impaired function but not a significant risk of disability.
Ankle(c) Moderate£13,740 to £26,590Injuries such as fractures or torn ligaments that result in less serious disablement such as difficulty walking on uneven surfaces or standing for lengthy periods.
Neck(b) Moderate (ii) £13,740 to £24,990Seriously restricted movement and reoccurring pain problems with possible need for future surgery.
 

As well as being compensated, you can also receive an interest payment on your compensation at 8% per annum to account for the interest you would have received had your initial case been successful.

Can You Receive Special Damages When Claiming Against A Solicitor For Failing To Properly Investigate A Case?

Compensation for financial losses associated with your injuries can be awarded under special damages. Examples of such costs could include:

  • Care costs.
  • Out-of-pocket medical expenses.
  • Loss of earnings.
  • The cost of transport.

Evidence of these financial losses will need to be provided. Therefore, keep copies of any receipts, your payslips, tickets for public transport and any invoices for domestic care to demonstrate you incurred these losses.

To get a more detailed estimate of the compensation you could be entitled to for your specific circumstances, speak to our advisory team today. You can reach our advisors 24 hours a day using the contact information provided below.

Use Our Panel Of No Win No Fee Solicitors To Sue For Professional Negligence 

The first step in finding out if you could claim compensation due to a solicitor failing to properly investigate a case is to speak to our advisors. Once our team have assessed your potential claim and determined you have valid grounds to proceed, one of the professional negligence solicitors from our panel could offer to take on your claim.

Our panel of experts can offer you a No Win No Fee contract called a Conditional Fee Agreement (CFA). A CFA offers potential claimants a number of key benefits, including:

  • Not having to pay any fees upfront for the solicitor to begin working on your claim
  • No ongoing fees during the claims process for this work.
  • No fees if your claim is unsuccessful.

In the event your claim succeeds, you will receive a compensation payout. The experienced professional negligence solicitor or law firm for which they work will take a percentage of this compensation as their success fee. Solicitors can legally charge a maximum of 25% as their success fee. This means the majority of any compensation you receive will go directly to you.

Our advisors are on hand 24/7 to address any concerns you may have regarding the claims process. They can also provide an assessment of your eligibility to begin a professional negligence claim free of charge. Contact our team today via:

  • Phone on 0161 696 9685.
  • Completing our online “Contact Us” form here.
  • The live chat function at the bottom of your screen.

a no win no fee professional negligence solicitor talking to a client about Claiming Against a Solicitor For Failing To Properly Investigate A Case Or Client

Learn More About Claiming For Solicitor Negligence

You can view some of our guides on professional negligence using these links:

We have also included some external resources you may find useful:

Thank you for reading our guide to making a professional negligence claim against a solicitor for failing to properly investigate a case. Contact our advisors with questions, or for a free assessment of your eligibility to begin a claim. Speak to our team today using the contact information provided above.