Being let down
- AuthorDavid Rogerson
Every solicitor owes a duty of care to their clients to give professional and appropriate advice. Unfortunately, sometimes things can go wrong and the outcome of your claim may not be as you expected. This often the case in personal injury and/ or clinical negligence cases. Just because you lose your claim or do not get as much compensation as you thought, does not necessarily mean your solicitor has been negligent. You might, however, just want to get a second opinion.
We see a number of claims when victims of a personal injury or medical negligence are not only injured as a result of the fault of another but then go on to pursue a claim and feel bitterly disappointed by the service, advice and outcome of their claim. We often come across these issues:
- I did not get enough compensation and my claim was not investigated properly.
- The wrong expert was instructed on my claim and I have not recovered damages for all of the injuries I suffered with.
- My solicitor missed the limitation date and now I am out of time to make a claim.
- I instructed my solicitor on a ‘no win no fee’ basis and now I have been left with a bill of costs to pay.
We regularly see common issues where solicitors advise on areas where they have no expertise. We have seen instances where a solicitor has:
- under settled on both personal injury and medical negligence claims.
- missed the limitation date for contesting a will, personal injury, medical and professional negligence claims.
- Caused a claim to be struck out by the courts.
- Made errors in drafting a will or has failed to administer an estate in accordance with the wishes of the deceased.
As with any area of law it is important that you deal with a solicitor who has both viable expertise and is able to demonstrate experience within their field. Professional negligence is no different.
What is solicitor negligence?
In basic terms solicitor negligence is where a solicitor fails to perform to the professional standards required of them. This results in their client suffering either damage or loss. This could be for example under settling on a personal injury claim where their client was entitled to more compensation. A solicitor like many professional people has a duty of care to their clients, this means they have to perform their role with reasonable care and to a reasonable standard.
How do you know if you have claim?
If the advice you were given by a solicitor has caused you a loss or if a solicitor did not carry out your instructions, you may have a claim. It is important for any solicitor negligence claims to prove that there has been a loss and that the solicitor breached their duty of care to you when carrying out your instructions.
Get that second opinion
We have over 25 years’ experience dealing with negligence claims against solicitors, accountants, financial advisers and surveyors.
There are strict time limits in place for bringing a professional negligence claim and it is important you seek specialist advice as soon as possible so that you can receive advice on any potential claim. Contact us now.
If you would like any further information about this please contact the Head of Dispute Resolution at Chattertons, David Rogerson, Direct dial : 01636 675563.