My Solicitor Missed The Limitation In My Accident At Work Claim – Can I Sue?
This guide looks at whether you could make a professional negligence claim after your solicitor missed the limitation in an accident at work claim. We highlight what constitutes professional negligence and outline the eligibility criteria you need to meet to begin a claim.
My Solicitor Missed The Limitation In My Accident At Work Claim – Can I Sue?
The Solicitors Regulation Authority (SRA) is the main regulatory body for solicitors and law firms. They lay out the expected standards that a solicitor should meet. We will explore how a solicitor failing to adhere to these standards could lead to them missing the limitation period preventing you from seeking compensation for your personal injury.
Additionally, our guide details what evidence could help to support your claim and the steps you can take to collect it.
Furthermore, this guide will explore how compensation for professional negligence claims is calculated and what you could be owed.
We finish our guide by looking at how a professional negligence lawyer could represent your claim on a No Win No Fee basis.
To find out more, please continue reading. You can also discuss your potential claim directly with an advisor using a method listed below:
- Call us on 0800 073 8804
- Contact us through our online form
- Use our live chat window to begin a discussion with an advisor
Choose A Section
- Can I Sue If My Solicitor Missed The Limitation In My Accident At Work Claim?
- What Are Limitation Periods For Personal Injury Claims?
- How To Prove Your Professional Negligence Claim
- What Could I Claim If My Solicitor Missed The Limitation In My Accident At Work Claim?
- How To Claim For Professional Negligence On A No Win No Fee Basis
- Get In Touch With Our Team
Can I Sue If My Solicitor Missed The Limitation In My Accident At Work Claim?
You could be eligible to make a professional negligence claim if your solicitor missed the time limit after taking on your accident at work claim. However, you must be able to demonstrate the following:
- You were owed a duty of care by a professional.
- This duty of care was breached.
- You suffered a loss because of this breach.
Additionally, if your accident at work claim was not valid or did not have a chance of succeeding before the limitation date was missed, you may not be eligible to receive professional negligence compensation.
Numerous professionals owe a duty of care, including personal injury solicitors who are handling accident at work claims. They are required to follow the Code of Conduct enforced by the SRA. In regard to time limitations, Section 3.2 states that solicitors are expected to deliver a service to their clients in a timely and competent manner.
If they fail to do so, this could constitute professional negligence. You could be eligible to claim if this is the case; you would do so against the law firm as opposed to the solicitor individually.
Examples Of How A Solicitor Could Miss The Limitation Date
The limitation period sets out how long a claimant has to begin a personal injury claim for an accident at work. If this time limit is missed, it could result in your claim becoming time-barred. This means you can no longer pursue your case. Examples of how this could occur include:
- Losing evidence to support your case
- Losing your file
- Forgetting to work on your case
Additionally, a solicitor might fail to adhere to court deadlines which results in your case being struck out. This can mean you have little time to organise alternative legal representation meaning the limitation period is missed.
To discuss your specific case and find out whether you’re eligible to claim after your solicitor missed the limitation in an accident at work claim, get in touch on the number above.
What Are Limitation Periods For Personal Injury Claims?
The Limitation Act 1980 outlines that claimants seeking personal injury compensation for an accident at work will typically have 3 years to begin their claim.
Exceptions to this include:
- If a person was under eighteen when the accident happened. In this instance, the time limit is suspended, and resumes on the person’s eighteenth birthday. They will have three years to start their claim from this date.
- A person lacking the mental capacity to begin the proceedings of their claim will have the time limit is paused. It restarts in the event of the person regaining their mental capabilities to claim. They will have three years to begin a claim from the recovery date.
In both instances, when the time limit is paused, a suitable adult can apply to act as a litigation friend. This application can be made to the courts.
Professional Negligence Claim Time Limits
Usually, you will have six years to start the proceedings of a professional negligence claim.
For further guidance on how long you have to seek professional negligence compensation, please speak to our advisors. Our solicitors can also offer more details about the process of making your claim.
How To Prove Your Professional Negligence Claim
Your accident at work solicitor may have notified you of the closing of your case via letter or email. Having copies of these will be helpful in supporting your professional negligence claim as they may contain information about the reasons for the missed limitation period.
In addition to this, you could gather copies of the meeting notes between you and your solicitor and evidence of conversations you and your solicitor have had.
Furthermore, you could provide evidence that shows your claim would have succeeded had it been started in the correct timeframe. This can include:
- CCTV footage of the accident
- Pictures of your injuries
- Copies of your medical records
- Witness contact details
For more information about how you could prove your claim, please talk to an advisor.
What Could I Claim If My Solicitor Missed The Limitation In My Accident At Work Claim?
A professional negligence claim aims to restore you to the position you would have been in had the professional upheld the duty of care they owed you. Therefore, if your claim succeeds, you could receive general and special damages, which is what you would have received had your initial claim been successful. These two heads of claim address the different ways you have been affected:
- General damages aim to compensate you for the pain you have suffered as a result of your injury.
- Special damages aim to reimburse you for the financial damage you have experienced from your injury. For example, if you spent money on professional care, you could be compensated for this expenditure.
During the valuing process, solicitors may turn to the Judicial College Guidelines. The guideline compensation brackets in this document can help them to assign value to injuries. We have included these in the table below
In addition to the payout you receive, you could be awarded an additional 8% on top of your award per annum.
Compensation Table
| Injury | Level of Severity | Details | Guidelines For Compensation |
|---|---|---|---|
| Pelvis and Hips | Severe (a) (i) | Fractures of the pelvis that are extensive alongside the low back joint being dislocated and the bladder being ruptured. Residual disabilities are substantial. | £78,400 – £130,930 |
| Arm Amputation | Loss Of One Arm (b) (iii) | The arm is amputated below the elbow. | £96,160 – £109,650 |
| Arm | Less Severe (c) | Significant disabilities but the recovery has been substantial. | £19,200 – £39,170 |
| Head | Moderate (c) (iii) | There is an impact on memory and concentration which reduces your ability to return to employment. | £43,060 – £90,720 |
| Back | Severe (a) (ii) | Nerve root damage with an associated loss of sensation. Also, the bladder, bowel function, and mobility are impaired. | £74,160 – £88,430 |
| Leg | Severe (b) (iv) | Moderate injuries generally affecting one limb, such as complicated or multiple fractures. | £27,760 – £39,200 |
| Knee | Moderate (b) (i) | Dislocation or a torn cartilage or meniscus resulting in minor instability. | £14,840 – £26,190 |
| Neck | Moderate (b) (ii) | Soft tissue or wrenching-type injury. This could result in cervical spondylosis and cause serious limitation of movement. | £13,740 – £24,990 |
| Eye | Minor (h) | Minor injuries including being struck in the eye or exposed to fumes, such as smoke. These cause initial pain and vision is temporarily interfered with. | £3,950 – £8,730 |
| Shoulder | Fracture of Clavicle (e) | Compensation will depend on the nature of the fracture, the disabilities it causes, and whether the damage is permanent. | £5,150 – £12,240 |
If your solicitor missed the limitation period, please get in touch with our team for a free assessment to find out whether you could begin a professional negligence claim. They can provide an accurate estimate of what your case could be worth.
How To Claim For Professional Negligence On A No Win No Fee Basis
A solicitor from our panel could offer to work your professional negligence claim on a No Win No Fee basis. There are different types of these arrangements but they may propose a Conditional Fee Agreement.
The terms of this agreement generally mean the following:
- If your claim is not a success, you will not be charged by your solicitor for their services.
- With a successful claim, your solicitor will take a success fee. This is a legally capped deduction from the compensation you receive.
To find out whether a solicitor from our panel could begin working on your claim on this basis, please get in touch on the number above. An advisor can also provide further guidance on the services they could offer.
Get In Touch With Our Team
To receive a free consultation about your professional negligence claim, please speak to our advisory team. To reach them, you can:
- Call 0800 073 8804
- Input your details into our web form to claim online
- Refer to our chat feature to connect with an advisor
Learn More About Missed Limitation Claims
More of our guides:
- Examples of Professional Negligence
- How To Prove An Accident At Work Claim
- Can You Claim For An Accident At Work Without An Injury?
Further resources:
- Instructing A Solicitor – SRA
- About Us – The Law Society
- Professional Indemnity Insurance – The Law Society
Thank you for reading our guide on the action you could take if your solicitor missed the limitation in an accident at work claim. If you have any other questions, please get in touch using the number above.
Written by Marsey
Edited by Mitchell
