What Evidence Do You Need In Professional Negligence Claims?

This is a guide on professional negligence claims. There are several types of professionals who owe their clients a duty of care, such as accountants and surveyors. However, for the purpose of this guide we will be focusing on claims made against a personal injury solicitor. We will discuss the eligibility criteria that must be met in order to pursue professional negligence compensation as well as the evidence you could gather to support your case. 

professional negligence claims

What Evidence Do You Need In Professional Negligence Claims?

Solicitors, including those representing personal injury claims, owe a duty of care to their clients. As such, they must provide the correct standard of services. If they fail to do so, this could cause a loss for claimants.

The Solicitors Regulation Authority (SRA) provides guidance on the standards expected of solicitors. However, not adhering to these is not always negligence. We will explore how they could fail to adhere to these standards and look at circumstances in which this could constitute professional negligence. 

For more information, you can get in touch with an advisor via the contact details below. They can assess your claim and determine whether you have valid grounds to pursue compensation. If you do, you could be connected with a solicitor from our panel who can represent your case on a No Win No Fee basis. To reach them, you can:

Choose A Section

  1. What Evidence Do You Need In Professional Negligence Claims Against A Personal Injury Solicitor?
  2. When Can You Claim For Professional Negligence?
  3. How Much Compensation Can Be Awarded In Professional Negligence Claims Against A Personal Injury Solicitor?
  4. Professional Negligence Claims – Why Claim On A No Win No Fee Basis?
  5. Contact Us To See If You Can Use A No Win No Fee Solicitor From Our Panel 
  6. Learn More About Professional Negligence Claims

What Evidence Do You Need In Professional Negligence Claims Against A Personal Injury Solicitor?

In order to begin a professional negligence claim against a personal injury solicitor, you will need evidence to prove that your personal injury solicitor breached the duty of care they owed you and caused you loss as a result. This could include correspondence between you and your solicitor, such as emails and letters. Additionally, you could get a copy of records of meeting notes that could be used to support your case.

Additionally, you can provide evidence that shows your original personal injury claim was valid and would have had a chance of succeeding had you been given the chance to pursue it. For example:

  • CCTV footage.
  • Medical records.
  • Pictures of your injuries.
  • Witness contact information.
  • Receipts, payslips and bank statements which can prove any financial losses.

For more information on the evidence needed in professional negligence claims, get in touch on the number above.

When Can You Claim For Professional Negligence?

Professional negligence occurs when a professional, such as a solicitor, fails to provide the correct standard of services and causes you loss as a result. If you can demonstrate that a solicitor has acted negligently, you may be able to pursue a professional negligence claim against them. This would be done against the practice rather than directly against the solicitor.

Additionally, you must start legal proceedings within 6 years. However, there are exceptions that could apply in certain circumstances. To find out more about these, you can get in touch with an advisor via the telephone number above.

Please read on to learn more about the ways in which a solicitor could be negligent.

My Solicitor Has Missed The Limitation Date For My Claim

A personal injury claim generally needs to be started three years from the date of the accident. In the case that a solicitor misses the limitation date, you will no longer be able to pursue your claim.

In some cases, this could happen if your solicitor breaches the duty of care they owed you. For example, they may forget about your case meaning it is not brought forward in the relevant timeframe. As a result, you lose the chance to seek compensation. 

My Solicitor Under-Settled My Claim

In certain instances, a solicitor may provide a client with bad advice in regard to settling a personal injury claim. This can result in a client receiving less compensation than they are actually entitled to. For example, you may have provided your solicitor with evidence of financial losses but they didn’t include these in your settlement. As a result, you are not awarded compensation for these losses. 

Unexpected Deductions Were Taken By My Solicitor

Unexpected deductions could include where your solicitor has taken more money than what was agreed upon at the beginning of the claim. This could see you experiencing losses as a result. 

To find out when you could be able to seek compensation for professional negligence and the claims process involved in doing so, get in touch on the number above.

How Much Compensation Can Be Awarded In Professional Negligence Claims Against A Personal Injury Solicitor?

The purpose of professional negligence compensation is to place you in the position you would have been in had your solicitor not acted negligently. In successful personal injury claims, settlements can comprise two heads of claim. As such, in successful professional negligence claims made against a personal injury solicitor, your settlement could include these heads. They are:

  • General damages: Compensation for the physical pain and emotional suffering you experienced due to your injuries is awarded under this head.
  • Special damages: Compensation for the financial losses incurred due to your injuries is awarded under this head. It can include reimbursement of loss of earnings which could happen if you require time off work while recovering from your injuries.

In order to value general damages, solicitors can use the Judicial College Guidelines (JCG) to help them. This contains a list of award brackets, some of which have been included in the following table. They should only be referred to as a guide, however.

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Injury Type Level Of Severity Guideline Compensation Award Notes
Brain Injury Very Severe £282,010 to £403,990 Full-time care is required.
Brain Injury Moderately Severe £219,070 to £282,010 Very serious disability which is either cognitive or physical.
Eye Injury Loss of One Eye £54,830 to £65,710 One eye is completely lost. The award given will depend on age, the cosmetic effect and the psychiatric impact.
Eye Injury Minor £3,950 to £8,730 Eye injuries such as being struck in the eye or exposed to smoke fumes. There will be initial pain and vision will be interfered with temporarily.
Chest Injury Continuing Disability £31,310 to £54,830 Chest and lung damage resulting in an ongoing disability.
Arm Amputation Loss of One Arm (i) Not less than £137,160 One arm is amputated at the shoulder.
Other Arm Injury Simple £6,610 to £19,200 Forearm fracture that is simple.
Elbow Injury Less Severe £15,650 to £32,010 Cases that don’t involve any major surgery or significant disability but where there is still an impairment of function.
Leg Injury Amputation (i) £240,790 to £282,010 Both legs are lost.
Achilles Tendon Injury Most Serious In the region of £38,430 Tendon and peroneus longus muscle is severed and causes cramp, swelling and restricted ankle movement.

For more information on compensation for professional negligence, get in touch on the number above.

Professional Negligence Claims – Why Claim On A No Win No Fee Basis?

Providing that you have a valid claim, you can choose to receive representation from our panel of professional negligence solicitors. By doing so, you’ll be working under a Conditional Fee Agreement (CFA) which is a type of No Win No Fee agreement.

Firstly, when working with a solicitor in this way, you won’t be expected to pay any upfront or continuous fees for their work. As well as this, typically you won’t have to pay anything for the services provided by your solicitor if you’re unsuccessful in your claim.

However, in the scenario that you’re successful in your claim, you’ll have to pay a success fee. This is subject to a cap as per The Conditional Fees Agreements Order 2013. Additionally, you and your solicitor will discuss this fee before you enter into a contract with them.

Contact Us To See If You Can Use A No Win No Fee Solicitor From Our Panel

If you would like to find out whether you could begin a professional negligence claim with a No Win No Fee solicitor from our panel, you can get in touch with an advisor from our team. They can also provide further guidance on the professional negligence claims process, including eligibility and the evidence you could gather to support your case.

To get in touch, you can:

Learn More About Professional Negligence Claims

If you’d like to learn more about making a professional negligence claim, you can read more of our guides below:

Alternatively, you can use the following links to learn more:

We hope that this guide to professional negligence claims has been helpful. If you’d like to learn more, then don’t hesitate to contact our team of advisors by using the contact details provided above.

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