In this article, we outline when you could claim compensation against a personal injury or medical negligence solicitor for professional negligence and the process of doing so. For example, we discuss the eligibility criteria for professional negligence claims against negligent solicitors as well as the evidence you could gather to strengthen your case.
What Evidence Can You Use Against Negligent Solicitors In A Professional Negligence Claim?
Additionally, we discuss the duty of care solicitors handling personal injury and medical negligence claims owe their clients. You can also find examples of how a breach of this duty could cause clients to suffer a loss of chance. This refers to the lost opportunity to pursue their original claim partially or fully.
Furthermore, we discuss how compensation in professional negligence claims against a negligent medical negligence or personal injury solicitor could be calculated.
Finally, we discuss the benefits of working with one of the solicitors from our panel and the No Win No Fee terms under which they could provide their services.
Read on to learn more about when you could make a professional negligence claim against a solicitor. Alternatively, you can get in touch with any questions or queries. You can get in touch 24/7 via the following contact details:
- Telephone on 0800 073 8801
- Contact us online about your case
- Chat about your potential claim through the live feature below.
Select A Section
- When Are You Eligible To Claim Against Solicitors For Professional Negligence?
- What Evidence Can You Use Against Negligent Solicitors In A Professional Negligence Claim?
- Examples Of Professional Negligence From A Solicitor
- Potential Compensation When Claiming For Professional Negligence Against Solicitors
- Claim Compensation For Professional Negligence Against Solicitors On A No Win No Fee Basis
- Learn More About How To Claim Against Negligent Solicitors
When Are You Eligible To Claim Against Solicitors For Professional Negligence?
The Solicitors Regulation Authority (SRA) regulates solicitors and law firms in England and Wales. They provide a Code of Conduct that sets the standards of professionalism expected of solicitors. Whilst it does not necessarily constitute professional negligence when solicitors fail to adhere to this Code, you can make a complaint to the SRA if this happens.
A solicitor’s duty of care is to provide services that meet the correct standard. If they fail to do this, and it causes you a loss of chance, you may wonder whether you’re eligible to begin a professional negligence claim against a solicitor.
In order to be eligible to do so, you need to prove the following:
- A solicitor owed you a duty of care.
- There was a breach of this duty by the solicitor.
- As a result of the breach, you experienced a loss of chance.
Is There A Time Limit To Claim Against Negligent Solicitors?
There is a six year time limit in which you have to start legal proceedings for a professional negligence claim. This limitation period needs to be adhered to in addition to the criteria being met above.
For further guidance on the time limits in claims against negligent solicitors or when you could be eligible to seek compensation, please contact an advisor on the number above.
What Evidence Can You Use Against Negligent Solicitors In A Professional Negligence Claim?
There are several pieces of evidence you could use to support your claim against a negligent personal injury or medical negligence solicitor. For example:
- Meeting notes
- Emails or letters sent between you and your solicitor
Additionally, you will need to provide evidence that your initial personal injury or medical negligence claim was valid and would have, on the balance of probabilities, succeeded had the solicitor upheld their duty of care. For example, you could provide:
- Witness contact details
- Pictures of your injuries and the accident
- Medical records, such as doctor reports, scans and test results
- Video footage of the accident
For further guidance on the evidence that could help support claims against negligent solicitors, please contact an advisor on the number above.
Examples Of Professional Negligence From A Solicitor
Below, we have provided examples of professional negligence that could arise from a solicitor handling a claim for personal injury or medical negligence.
- Settling your claim too low: When calculating your medical negligence compensation, a solicitor forgets to include loss of earnings, despite having evidence of the financial expense. As a result, you receive a lower settlement amount.
- Missing the limitation period: Personal injury and medical negligence claims typically need to be made within a three-year period. Should the solicitor fail to adhere to this limitation period, it could lead to the claim becoming time-barred. As a result, you will no longer be able to pursue your case.
- Failure to correctly adhere to court instructions: The courts often provide instructions and set deadlines that a solicitor needs to meet. A failure to do so can result in the claim being struck out either fully or partially. In this instance, you would be unable to pursue all of your claim, or the part that was struck out.
Our advisors are available to discuss your potential solicitor negligence claim in more detail to help you understand whether you’re eligible to seek compensation.
Potential Compensation When Claiming For Professional Negligence Against Solicitors
Compensation awarded in a successful professional negligence claim against a personal injury or medical negligence solicitor aims to put you in the position you would have been in had the claim succeeded. As such, you could be awarded a settlement comprising the following two heads of loss, as you would have done if your initial claim had succeeded:
- General damages: This compensates for the pain and suffering caused by the injuries, physical, psychological, or both.
- Special damages: This compensates for the financial losses caused by the injuries. For example, a loss of earnings could be incurred due to time taken off work to recover from the injuries.
Additionally, 8% interest per annum can be awarded in addition to your settlement.
When calculating the value of general damages, solicitor’s can use the Judicial College Guidelines (JCG) to help them. This provides a list of guideline award brackets for different types of injuries. You can find a selection of these injuries in the following table. Please use them as guidelines only, however, as payouts can differ depending on each cases’ specific circumstances.
Guideline Compensation Table
| Area of Injury | Severity Level | Notes | Guideline Amount |
|---|---|---|---|
| Head | (c) Moderate (ii) | Cases of moderate ranging to modest intellectual deficit and where the capacity to work is significantly reduced. A risk of epilepsy also. | £90,720 to £150,110 |
| Leg | (b) Severe (ii) | Injuries of a very serious nature causing permanent mobility problems. | £54,830 to £87,890 |
| Knee | (a) Severe (ii) | Fractures of the leg which extend into the knee joint and cause constant pain, limited movement, impaired agility and increased risk of osteoarthritis. | £52,120 to £69,730 |
| Pelvis | (b) Moderate (i) | Pelvis or hip injury of a significant nature, however any risk of permanent disability is not considered major. | £26,590 to £39,170 |
| Back | (b) Moderate (i) | Cases of compression and/or crush fractures in the lower back and lumbar vertebrae causing a heightened risk of osteoarthritis, discomfort and constant pain. | £27,760 to £38,780 |
| Neck | (b) Moderate (i) | Dislocation and fracture injuries that prompt immediate severe issues and could incur the need for spinal surgery. | £24,990 to £38,490 |
| Elbow | (b) Less Severe | Injuries which create a level of impaired function but do not necessitate surgery or significant disability. | £15,650 to £32,010 |
| Ankle | (c) Moderate | Tears to the ligaments and fractures that result in less severe disabilities such as difficulty on stairs, uneven ground or standing for long periods. | £13,740 to £26,590 |
| Wrist | (c) Less Severe | Some permanent disability, such as ongoing pain and stiffness. | £12,590 to £24,500 |
| Eyes | (h) Minor | Cases where the person is struck in the eye or suffers exposure to fumes, smoke or liquids. Initial pain followed by some temporary interference with vision. | £3,950 to £8,730 |
If you would like to learn more about calculating compensation in claims against negligent solicitors, please speak to our advisors by calling the number above.
Claim Compensation For Professional Negligence Against Solicitors On A No Win No Fee Basis
The professional negligence solicitors from our panel have experience handling claims against negligent solicitors. They offer their services under the terms of a type of No Win No Fee contract.
Whilst there are many types of these contracts, the one our panel of solicitors can offer is called a Conditional Fee Agreement. This generally means that it is not necessary to pay any fees to your solicitor for completed work on your case at the following times:
- In advance to your claim starting,
- As your claim continues,
- If your case has a failed outcome.
If you have a case that succeeds, your solicitor will take a percentage of your compensation, awarded in successful claims, as their success fee. However, there is a legal cap that applies to this percentage meaning you can keep most of your payout.
For more information about claims against negligent solicitors, please contact an advisor. They can also assess your case and if it’s valid, could connect you with a solicitor from our panel to begin working on your case. To learn more, you can:
- Telephone on 0800 073 8801
- Contact us online about your case
- Speak with an advisor through the live feature below.
Learn More About How To Claim Against Negligent Solicitors
We also have guides on personal injury and medical negligence claims:
- Read about accident at work claims.
- Find out about claiming for an accident in a public place.
- A guide discussing surgical negligence claims.
These external resources also offer more help:
- Information about civil litigation from The Law Society.
- Guidance on instructing a solicitor from the SRA.
- Learn about making a complaint to the Legal Ombudsman.
Thank you for reading our guide on negligent solicitors. If you have any other questions, please contact an advisor on the number above.