A personal injury professional negligence claim overview
Solicitors owe you a ‘duty of care’ when providing you with a service. To make a professional negligence claim you need to demonstrate that you were owed such a duty, that the solicitor involved breached this duty, and that this breach caused you to suffer a loss.
Recent government reforms have been introduced to overhaul the cost of the Civil Justice system. As part of these reforms strict time limits are now in place for solicitors to submit documents in personal injury cases. Unfortunately however some solicitors are failing to adhere to these deadlines. If your personal injury case has suffered as a result of such negligence you may be entitled to seek recompense.
In addition, despite these reforms, there are still too many ‘factory’ claims management companies with a focus on volume claims and a fast turnaround rather than the long-term needs of the injured party. This lack of care and consideration leaves these firms open to professional negligence claims.
All too often solicitors and claims management companies only consider the short term profit for themselves in pursuing personal injury claims, rather than the potential long term impact of such injuries, such as the onset of chronic pain or psychological injuries that can develop and have a devastating impact on a victim’s life.
A personal injury professional negligence claim may arise where the following has occurred:
- Where advice has been given that falls below the standard of a reasonably competent professional with regards to the standards usually expected
- Where time limits have been missed. With strict time limits now in place if a solicitor fails to meet these deadlines the courts may punish the claimant by dismissing the claim or through lesser sanctions (particularly important with new stringent Court deadlines introduced in April 2013)
- Where a lack of care with regards to medical information sought/used can be demonstrated. Including where:
- Insufficient medical advice was provided as part of the initial claim
- The wrong medical expert was sought
- Poor management of medical records can be demonstrated (including where these were obtained at wrong time or were obtained too late)
- Where incomplete earning information was sought/used in the initial claim
- Where the claim has been rushed through with no consideration of ‘provisional damages’ or chronic pain (particularly likely where claims are processed quickly without a lot of detailed thought)
- Where the case has taken too long (evidence out of date)
- Where a client has been badly advised with regard to funding /and ATE policies
If your solicitor failed to ensure that your claim was made before the expiration of the limitation period, one way of assessing damages is to make a valuation of your ‘loss of chance’. To do this the court will look at the original claim’s chance of success and base any award on the likely percentage of success of the original case.
The applicable limitation period in most professional negligence cases six years from the date of the negligence, if you believe you have a professional negligence claim it is important to act swiftly.
Our personal injury lawyers will always advise what is best for you, contact a member of our team on 0161 832 6972 or email a summary of your claim, with your contact details, to firstname.lastname@example.org.