What Is Solicitor Negligence In Personal Injury Claims?
Solicitor Negligence Claims Guide
Our guide aims to provide you with the information you need to answer the question, ”What is solicitor negligence?”. We begin by outlining examples of professional negligence.
To follow this, we explain the eligibility criteria that you should meet in order to make a professional negligence claim against your personal or medical negligence solicitor. Our guide also details the evidence that will be useful to have in support of your negligence claim and what compensation you could be entitled to receive.
To bring our guide to a close, we highlight the terms of a No Win No Fee contract.
If you would like more information about making a professional negligence claim against a solicitor, please continue reading.
Alternatively, if you are still wondering, ‘What is solicitor negligence?’ please don’t hesitate to contact our team. Our advisors can help to provide further guidance on making a claim.
Please reach out to us using a method below:
- Call us on 0800 073 8804
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Select A Section
- What Is Solicitor Negligence In Personal Injury Claims?
- Do You Have A Negligence Claim Against A Personal Injury Solicitor?
- Evidence Proving Solicitor’s Negligence
- How Much Could I Claim For Personal Injury Solicitor Negligence?
- Can I Fund My Claim Through A No Win No Fee Agreement?
- Contact Us Today To Find Out What Is Solicitor Negligence
What Is Solicitor Negligence In Personal Injury Claims?
What is solicitor negligence? This is when a solicitor fails to meet the standards and duties that are expected of them when they were representing you, leading to you suffering losses as a result.
Here are examples of the ways that a personal injury or medical negligence solicitor can be negligent:
- Not following court orders and deadlines: If your solicitor does not follow the instructions and procedure set out by the court, this could lead to your case being struck out.
- Turned down claims: A solicitor may reject your claim right before it is about to reach its limitation period and expire. This can result in you having difficulty finding alternative legal representation in time.
- Failure to identify and obtain relevant evidence: Special damages, such as a loss of earnings, or any psychological injuries, may be neglected if your solicitor does not attempt to claim for them, causing your compensation to be lower than it would have been if these losses had been factored into it.
- Undersettling your claim: Providing bad advice with the intention of settling your claim early can cause you to receive less compensation as a result.
So, what is solicitor negligence? Please keep reading our information to discover more.
Do You Have A Negligence Claim Against A Personal Injury Solicitor?
You may ask yourself, ‘What is solicitor negligence?’ but you may also want to ask what the criteria are for making a claim.
There are requirements to meet when deciding to take legal action against a negligent solicitor. You should be able to illustrate that:
- A solicitor owed you a duty of care.
- They breached this duty.
- This led to you suffering losses.
Solicitors, much like other professionals, are held to a particular standard. They are regulated by the Solicitors Regulation Authority, which establishes a Code of Conduct for law firms and solicitors in Wales and England.
To learn more, please continue to read our guide.
Time Limits For Professional Negligence Claims
As well as wondering ‘What is solicitor negligence?’ you may also wonder how long you will have to raise a claim for this.
When you are going forward with your professional negligence claim, you should be aware that you generally have six years to begin the proceedings.
This is because it involves a breach of contractual terms that were agreed upon by your solicitor.
For further clarity on time limitations, please speak to our team.
Evidence Proving Solicitor’s Negligence
You should be able to illustrate that your initial personal injury claim would have been successful had it not been for the negligence of your solicitor.
Evidence that you had for this claim will be useful, such as:
- CCTV footage or photographs of the injury.
- Copies of medical records.
- Witness contact information for various supporting perspectives.
As well as this, you should also have evidence of your solicitor’s negligent actions for your professional negligence claim. This can be any copies of letters or emails passed between you both showing communication about your claim. You could also request a copy of your original case file.
How Much Could I Claim For Personal Injury Solicitor Negligence?
Now that we have examined what solicitor negligence is in a personal injury claim, this section looks at how much compensation you could be eligible to claim.
If your personal injury claim would have been successful, you are likely to receive the amount of compensation you would have from this initial claim when you claim against a negligent solicitor.
Therefore, you may receive two heads of claim:
- General damages: Compensation for the pain and suffering you were caused by your physical and/or psychological injuries.
- Special damages: Any monetary or financial damage that you experienced as a result of your personal injury, such as the costs of professional care.
Additionally, successful professional negligence claims tend to mean that you will also receive 8% interest per annum on top of your compensation.
When solicitors are determining the amount for general damages you should receive, they could consult the Judicial College Guidelines. The compensation brackets within these guidelines can be useful to have.
Some of the guidelines are shown in the table within this section, claims tend to be judged on a case-by-case basis.
Compensation Guidelines
| Injury | Severity Level | Details | Compensation Guidelines (JCG) |
|---|---|---|---|
| Neck | Severe (a) (ii) | Fractures that are serious or damage to the cervical spine discs which have caused substantial loss of movement in the neck. | £65,740 to £130,930 |
| Knee | Severe (a) (i) | There is gross ligamentous damage and a disruption of the joint. | £69,730 to £96,210 |
| Leg | Very Severe (b) (ii) | Problems with mobility are permanent resulting in the constant need for mobility aids. | £54,830 to £87,890 |
| Brain | Less Severe (d) | A good recovery has been made and the person is able to return to their social life and work. Poor memory and concentration may persist. | £15,320 to £43,060 |
| Arm | Less Severe (c) | Initially the disabilities were significant but a large part of the recovery has taken place. | £19,200 to £39,170 |
| Back | Moderate (b) (i) | Compression or crush fractures of the lumbar vertebrae. Risk of osteoarthritis. | £27,760 to £38,780 |
| Shoulder | Serious (b) | Shoulder is dislocated. There is damage to the lower part of the brachial plexus leading the shoulder pain and sensory symptoms. | £12,770 to £19,200 |
| Shoulder | Fracture of Clavicle (e) | The symptoms, extent of the fracture and the permanence of the injury will be considered. | £5,150 to £12,240 |
| Hand | Moderate (h) | Crush injuries, or soft tissue injuries/lacerations. | £5,720 to £13,280 |
| Pelvis and Hips | Lesser Injuries (c) (ii) | A complete recovery from minor soft tissue injuries. | Up to £3,950 |
Can I Fund My Claim Through A No Win No Fee Agreement?
A No Win No Fee arrangement may be proposed by a professional negligence solicitor if you choose to seek their services. If you are asking yourself, ‘What is solicitor negligence?’, our solicitors could help to provide further insight.
They may put forward a Conditional Fee Agreement. This usually means that you will not be required to pay for your solicitor’s services if your claim is unsuccessful.
Alternatively, if your claim is successful, you will have usually agreed upon a percentage that your professional negligence solicitor can take from your compensation. These are referred to as success fees, which are legally capped by the Conditional Fee Agreements Order 2013.
Contact Us Today To Find Out What Is Solicitor Negligence
If you are still asking, ‘What is solicitor negligence?’, please get in touch with our advisory team:
- Telephone us on 0800 073 8804
- Claim online using our details form
- Refer to our chat feature to begin a live conversation
Related Claims Guides For Professional Negligence
More of our guides:
- Missed Limitation In A Slip, Trip, And Fall Claim
- Compensation For Professional Negligence
- What Are The Different Types of Personal Injury Claims
Further resources:
- Civil Litigation – The Law Society
- Personal Injury, What’s Changing? – The Law Society
- Professional Indemnity Insurance – SRA
