This guide examines who could be eligible to start a professional negligence claim against a solicitor handling personal injury claims. We will examine the duty of care owed by solicitors to their clients, and how failing to uphold this duty can impact your initial personal injury claim.
When Could You Make A Professional Negligence Claim Against A Solicitor?
We have provided information on the types of professional negligence that can occur, and how this can impact you. You will also find information on the possible compensation that could be awarded in the event of a successful professional negligence claim and how payouts are calculated.
Our guide concludes with a brief rundown of the No Win No Fee contract offered by our solicitors, and what benefits this presents to you when starting your claim with us.
To get a free consultation regarding the validity of your potential claim, speak to our advisors today. Our experienced professional negligence solicitors could take your case if you have valid grounds to proceed. To contact an advisor, use the following contact details:
- Phone on 0800 073 8801
- Click our live chat box in the bottom left corner of the screen.
- Complete our “Contact Us” form online.
Select A Section
- When Could You Make A Professional Negligence Claim Against A Solicitor?
- What Elements Are Needed To Prove Professional Negligence Claims?
- Types Of Professional Negligence By Solicitors
- How Much Could Your Professional Negligence Claim Against A Solicitor Be Worth?
- Begin Your No Win No Fee Professional Negligence Claim Against A Solicitor Today
- Get In Touch With Our Team Today
When Could You Make A Professional Negligence Claim Against A Solicitor?
Professional negligence can constitute a professional failing to uphold the correct standard of service they owe to you, causing you to experience a loss. Solicitors are professionals, who have to undergo extensive training periods, and accreditation by the Solicitors Regulation Authority (SRA) which regulates solicitors and law firms in England and Wales. Because of this, they have a duty to provide clients with services that do not fall below an expected standard.
In order to begin a professional negligence claim against a solicitor handling personal injury claims, the criteria listed here need to be met:
- The solicitor owed you a duty of care to provide services at the correct standard.
- They failed to meet this standard, thus breaching their duty of care.
- You experienced a loss of chance as a result of this breach. This refers to the lost opportunity to pursue all or part of your initial personal injury claim.
You must be able to demonstrate that the loss you experienced would not have occurred had the solicitor provided you with the correct standard of service.
Check What Time Limits Apply To Professional Negligence Claims
Professional negligence claims are generally subject to a limitation period of 6 years. What this means is that the claims process for professional negligence should commence within 6 years.
To get further guidance on the time limits and for a free consultation regarding your eligibility to claim, speak to one of our team using the contact information given above.
What Elements Are Needed To Prove Professional Negligence Claims?
A professional negligence claim against a solicitor will require evidence which demonstrates that on the balance of probabilities your initial personal injury claim would have been successful had your solicitor provided the correct standard of service.
We have listed some possible examples of evidence here:
- Correspondence between you and your solicitor from your initial claim.
- Communication from the solicitor explaining why the claim ended.
- Notes from any meetings with your solicitor.
As well as providing evidence that your solicitor acted negligently, evidence from your initial claim for a personal injury can be useful in demonstrating it was valid. Examples could include:
- CCTV or dashcam footage from the accident.
- A copy of the report in the workplace accident book.
- Contact details of any witnesses.
- Medical records such as copies of scans and test results.
Please speak to an advisor by calling the number above to learn more about the evidence you could collect to support your professional negligence claim against a personal injury solicitor.
Types Of Professional Negligence By Solicitors
The SRA Code of Conduct sets out the expectations placed upon solicitors when providing services to their clients. This includes, for example, not misusing or tampering with evidence, and not making frivolous or unsubstantiated submissions to the courts.
It’s important to note that it isn’t always necessarily professional negligence if a solicitor doesn’t adhere to the Code. However, you can make a complaint to the SRA if this happens.
Below, you can find examples of how a personal injury solicitor could breach their duty of care causing their client to suffer a loss of chance.
Make A Professional Negligence Claim Against A Solicitor After Your Case Has Been Struck Out
To “strike out” a case means to throw all or part of the claim from the court. To start a professional negligence claim, the case would have had to have been struck out because of the solicitor’s negligent action. This can happen in a number of circumstances, such as:
- Your solicitor failing to comply with court instructions or deadlines.
- The solicitor had not acquired the evidence necessary to substantiate your claim.
If a claim is struck out in full, it can no longer be pursued. If part of the claim is struck out, the claimant will no longer be able to pursue this part but could continue with the rest of their claim.
Make A Professional Negligence Claim Against A Solicitor After They Have Missed The Limitation Date
As per the Limitation Act 1980, the time limit to begin a personal injury claim is generally 3 years. A failure by your solicitor to bring your claim within this limitation period could result in your case becoming “statute-barred.” What this means is you, by law, cannot pursue the claim as the time limit has expired.
Not being awarded compensation because your solicitor failed to abide by the limitation period could be an example of professional negligence.
Make A Professional Negligence Claim Against A Solicitor Who Has Under-settled Your Case
An under-settlement is where you receive less compensation than you should have done. This can occur when your personal injury solicitor fails to adequately calculate your loss earnings despite having all the evidence required to do so. It could also occur if they fail to include compensation for your mental injury as well as your physical injury, despite having medical evidence to show both types of harm suffered.
Our advisors can provide further explanation of the circumstances that may amount to professional negligence by a solicitor. You can reach an advisor via any of the contact details given below.
How Much Could Your Professional Negligence Claim Against A Solicitor Be Worth?
A professional negligence compensation claim against a solicitor aims to restore you to the position you would have been in had the negligent action not taken place. Therefore, you could be awarded compensation under up to two heads of claim, general and special damages, as would have been the case upon the success of your initial personal injury claim.
General damages are awarded for the physical and psychological impacts of your injuries. We have taken guideline award brackets from the Judicial College Guidelines (JCG) to create our compensation table.
You may also receive interest at 8% per annum on the awarded compensation, to account for the interest that would have been accrued had the initial claim succeeded.
Compensation Table
It is important we emphasise this table has been included to offer guidance, not guarantee a compensation amount. Compensation is calculated on an individual basis.
| Injury | Severity | Guideline Amount | Notes |
|---|---|---|---|
| Paralysis | Paraplegia (b) | £219,070 to £284,260 | Lower body paralysis. Award will depend on factors such as level of pain, degree of independence and life expectancy. |
| Brain Injuries | Moderate (c)(ii) | £90,720 to £150,110 | Cases involving a modest to moderate intellectual deficit, greatly reduced ability to work and a modest risk of epilepsy. |
| Epilepsy | Established Petit Mal (b) | £54,830 to £131,370 | Awards for epilepsy depend on whether seizures are controlled by medication, the impact on work and social life and the prognosis. |
| Shoulder Injuries | Serious (b) | £12,770 to £19,200 | Shoulder dislocation and lower brachial plexus damage causing pain in the shoulder and neck as well as sensory impairment. |
| Injuries to the Elbow | Less Severe (b) | £15,650 to £32,010 | Injuries where there is an impairment of function but not involving major disability or necessitating major surgery. |
| Chest Injuries | Traumatic Chest, Lung, And/Or Heart Injury (b) | £65,740 to £100,670 | Permanent damage to chest, lung(s) or heart leading to physical disability, reduction in life expectancy and impairment of function. |
| Injuries to pelvis and hips | Moderate (b)(i) | £26,590 to £39,170 | Significant injury but no major permanent disability or future risk. |
| Wrist Injuries | Less Severe (c) | £12,590 to £24,500 | Cases where some permanent disability remains, such as a level of persisting pain and stiffness. |
| Hand Injuries | Severe Fractures to Fingers (f) | Up to £36,740 | These may result in partial amputation and deformity, disturbed sensation and reduced mechanical function. |
| Knee Injuries | Moderate (b)(i) | £14,840 to £26,190 | Cases such as dislocations, meniscus or torn cartilage resulting in weakness, wasting, minor instability or other mild future disability. |
Special Damages
Compensation for monetary losses caused by the injuries is awarded under special damages. Some examples of costs that could be reimbursed under special damages are:
- Travel expenses.
- Medical costs.
- Loss of income.
- Home modification costs.
- The cost of in-home care and support.
Remember, retain any receipts, payslips and other documents that demonstrate you have experienced financial losses.
To get a more detailed estimate of the compensation that could be awarded, speak to our advisors. Talk to our team today using the contact information given below.
Begin Your No Win No Fee Professional Negligence Claim Against A Solicitor Today
To begin your professional negligence claim against a solicitor, talk to our advisors. After an assessment of your potential claim, they could connect you with one of our solicitors. The solicitor could then offer to take your claim under a Conditional Fee Agreement (CFA), a type of No Win No Fee contract.
Beginning your professional negligence claim under a CFA means the solicitor will not charge fees upfront or during the claims process for their services, in most cases. You would also not incur a fee for those services were the claim to fail.
In the event the claim succeeds, the solicitor will take a percentage of your awarded compensation. This is called a success fee. The maximum percentage that can be legally charged is capped. Therefore, you will keep the majority of your compensation.
Get In Touch With Our Team Today
To get a free consultation regarding the validity of your potential claim, speak to our advisors today. Our experienced professional negligence solicitors could take your case if you have valid grounds to proceed. To contact an advisor, use the following contact details:
- Phone on 0800 073 8801
- Click our live chat box in the bottom left corner of the screen.
- Complete our “Contact Us” form online.
Learn More About Professional Negligence Claims
We also offer guides relating to other types of claims:
- Learn whether you could seek personal injury compensation and the process involved in doing so.
- A helpful guide discussing when you could be eligible to claim for clinical or medical negligence and the compensation you could be awarded should you succeed.
- Discover the process of making a public liability claim following an accident in a public place.
For more external resources:
- The SRA has published guidance on instructing a solicitor.
- The Legal Ombudsman offer advice on complaints against legal service providers.
- See the Pre-Action Protocol for Professional Negligence from the Government here.
Thank you for reading our guide on when you could make a professional negligence claim against a solicitor who represented your personal injury claim. Speak to a member of our team today using the contact details given above if you have any other questions.