Professional Negligence Claims

When Things Go Wrong

Professional negligence claims are legal claims brought against professional advisers.

This includes solicitors and barristers, accountants, architects and surveyors.

Solicitors' negligence claims arising from personal injury and medical negligence cases are increasingly common.

Professional Negligence claims

Simpson Millar LLP's Professional Negligence Team can help you where you have received the wrong advice about your personal injury or medical negligence claim.

We are members of the Professional Negligence Lawyers' Association which acts as an information point where the general public can gain advice in relation to a professional dispute.

What is Professional Negligence?

Legal advisers must apply 'reasonable skill and care' when advising their clients. This is particularly important when dealing with personal injury or medical negligence claims which may provide compensation for long term care, lost earnings as well as damages for injury.

If you lose out because of bad legal advice, you have a right to recover compensation from your legal adviser.

This can arise in many different ways, the most common examples being:

  • Missed time limits - This can mean missing the time limit (usually three years from the injury) for beginning a claim or it can mean missing a court deadline so that a claim is struck out
  • Ending the case too soon - Some cases are settled before an injury has healed or without medical evidence on the timeframe for recovery. Where recovery takes longer, or there are complications, these will not be compensated. A claim will arise if there was inadequate advice at the time of settlement
  • Undetected injuries - Some types of injury, especially subtle brain injuries, are missed when cases are settled. Some injuries carry future risks- for example broken bones can mean arthritis in later life. These risks should be compensated in your settlement
  • Missed types of loss - Injury claims can include compensation for care and support from family members. There can be compensation for lost earnings- even if you were not working at the time of your accident –if your injuries make it harder to find a new job
  • Delay - Injury compensation includes interest for loss you have suffered in the past. In serious cases the interest on past losses can be thousands of pounds. If your legal adviser is extremely slow, the settlement might not include the full interest claim

In each example, the professional negligence claim would be for the shortfall in your damages, or the lost chance to bring a claim for full compensation.

Professional Negligence Case Examples

Solicitor fails to deal with personal injury claim

Mr M settled his personal injury claim for £10,000 when he broke his ankle at work. His lawyers did not arrange for him to be seen by a medical expert. His ankle did not heal properly and he could not work again. His claim should have been for £500,000. He won his claim against his negligent solicitor and recovered the additional £490,000.

Ten years to settle a case that should have settled in 3

Mrs D’s lawyers took 10 years to settle her claim. The claim should have lasted 3 years. Her professional negligence claim recovered 7 years of interest on her damages from her previous lawyer. She recovered £50,000.

Under-settlement of a road accident claim

Mr H’s case following his road accident settled for £3,500. His medical records showed that he had memory problems and personality changes following the crash. After neurological assessments it was established that claim had a value of £250,000. He recovered the shortfall from his previous solicitors.

Why choose us?

  • Over 150 years' legal experience
  • Innovative, committed team of professionals, experts in the field of personal injury and medical negligence
  • Specific expertise in Professional Negligence law and professional advisers' duty of care
  • Trustworthy, no-obligation advice

If you think you are entitled to make a Professional Negligence claim in relation to a medical negligence or personal injury case we will be delighted to advise you and act for you if appropriate.

Please contact us with no obligation on 0808 129 3320 or get in touch through our online enquiry form.

Get In Touch

Robert Godfrey | Partner, Dispute Resolution | Simpson Millar LLP

Robert Godfrey
Partner, Dispute Resolution

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