Professionals such as Solicitors, Accountants, Financial Advisers and Surveyors are often relied on for advice and support by Businesses and Individuals. Sometimes this trust and advice can result in a loss or unwelcome consequences such as a loss on investments following negligent financial advice. You must be able to establish that the professional’s conduct fell below the standard of a reasonably competent professional in the same area of expertise and that this breach caused your loss.
Solicitors sometimes advise that claims, particularly Fibromyalgia or CRPS claims should be settled for far too little. Solicitor Negligence can also occur when a Solicitor fails properly to investigate claims.
For example, during the course of an accident or clinical negligence claim, it is important to instruct experts in the right medical disciplines. If that is not done, the Claimant will frequently receive far too little damages.
If your solicitor failed to meet the reasonable standard expected of a competent solicitor, you may be able to bring a professional negligence (solicitor negligence) claim. The claim is usually worth what you have lost because of the mistake, for example the difference between what you received and what you should reasonably have recovered if the case had been handled properly.
Not every disappointing result or under-settlement amounts to negligence. You normally have to prove that another competent solicitor would have acted differently in the same circumstances and that the error caused you a financial loss.
An under-settled fibromyalgia claim is usually where a personal injury claim was settled on the wrong basis, for example before fibromyalgia was properly investigated, diagnosed, or valued.
A professional negligence claim is not a re-run of the original case. The original claim has ended. Instead, the claim against the solicitor is for the value of the lost chance of a better outcome, had the case been handled properly and valued with the right medical evidence.
Yes. Solicitors can make mistakes, and if their error falls below the standard of a reasonably competent solicitor and you have suffered a financial loss as a result, you may be able to bring a claim.
This can include situations where your solicitor failed to obtain the right medical evidence, rushed you into settlement, or did not properly consider the future impact of your injury, including the later development or diagnosis of a condition such as fibromyalgia.
Even if the firm has closed, a claim may still be possible because solicitors must have professional indemnity insurance in place.
The value of a solicitor negligence claim varies. It is usually assessed by looking at what you should have recovered if the original case had been handled properly, compared with what you actually recovered, taking into account the uncertainties of the original claim and the professional negligence claim.
Courts may consider issues such as whether you might have been found partly at fault, whether you would have accepted a lower offer at an earlier stage, and how strong the evidence would have been.
In most solicitor negligence (professional negligence) cases, the time limit is six years (often from the negligent act/omission or when you first suffered a loss). If the problem only comes to light later, you may have three years from your “date of knowledge” to bring the claim. There is also usually an absolute 15-year longstop from the negligence.
Mrs R P of Kent was in a road accident. Her solicitors settled the claim on the basis that she had a whiplash injury. In fact, it was clear from her medical records that she had developed fibromyalgia. We obtained all her medical records and an independent rheumatologist’s report.
This indicated that she had developed fibromyalgia as a consequence of the road accident. She was unable to work and needed a good deal of care and assistance with household tasks. This was likely to last for a lengthy period.
We recovered nearly £1 million for Mrs R P from the insurance company representing her previous solicitors.
If you suspect that your solicitor has under-settled your claim (or is likely to), we may be able to advise you on whether you have a professional negligence claim and what your options are.
Not having been made aware of the full amount that you may be entitled to, or feeling rushed into settling, can be signs that something has gone wrong. In some cases, additional support may also be needed where a claimant lacks mental capacity to make decisions and appropriate arrangements were not made.
Whether a claim was under-settled is often evaluated by looking at whether the solicitor properly pursued both general damages (compensation for pain, suffering and loss of amenity) and special damages (out-of-pocket expenses and financial losses, including future costs). If an injury affects your ability to work, future losses such as loss of earnings and future care may also need to be included.
Under-settlement can also happen if the solicitor relied on non-specialist medical evidence, or settled before the medical position was clear, which can be particularly important in conditions like fibromyalgia where diagnosis can take time. These factors are often central to a solicitor negligence claim because they may have reduced the settlement you received.
If you feel that your claim has been under-settled or that your solicitor failed to re-assess your case after a later diagnosis of a more serious condition, Brian Barr may be able to bring a claim for failing to represent you properly.
