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Under-settled Claims
Our experienced professional negligence lawyers can help you to claim compensation if your medical negligence or personal injury claims was under-settled.
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If you think your compensation claim for personal injury or medical negligence was under-settled, contact us today.
If your personal injury or medical negligence solicitor failed to get you the result you deserve, you may be able to claim compensation for professional negligence.
This has become an increasing problem in recent years as some law firms dealing with personal injury and medical negligence claims have tried to maintain high profit levels by using more unqualified or junior staff, limiting the time a claims handler can spend on each case and encouraging early settlement of claims.
Common examples of under-settled claims include where:
- Your claim was settled for much less than you expected or were told it was worth
- You were pressured into accepting a settlement by your solicitor or barrister
- The claim was settled without being fully investigated or valued
- Your claim for injuries and any past and future loss of earnings or expenses was under-valued
- The claim was settled without medical evidence or the medical evidence was wrong or incomplete
- You were advised to accept a 'split liability' settlement of a medical negligence claim
- Your solicitor or barrister failed to prepare your case properly or missed important facts or evidence
If you think your compensation claim for personal injury or medical negligence was under-settled within the past six years, our partner-led team of professional negligence solicitors may be able to help you.
In many cases, we will act on a No Win No Fee basis (subject to acceptance). Contact us for a free, confidential, no obligation assessment of your claim.
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FAQs
What is professional negligence?
Professional negligence is where a professional fails to perform his responsibilities to the required standard. This if often where a professional advisor, such as a solicitor, accountant or surveyor, gives incorrect or incomplete advice or fails to act, for instance by missing a deadline.
Who can a claim be brought against?
A claim for professional negligence can brought against any professional advisor but most the most common are claims against solicitors, barristers, conveyancers, surveyors, valuers, architects, builders, accountants, engineers, financial advisors, insurance brokers, will writers and local authorities.
In many cases, professional advisors will have professional indemnity insurance to cover such claims, even if they are no longer trading (known as “run off cover”).
Do I have a claim for professional negligence?
Negligence is more than just poor service by a professional advisor. In order for a claim to succeed it is necessary to show that the professional owed a duty of care, that they breached that duty and that this caused a loss. A professional advisor will usually owe their client a duty of care. The standard required of a professional is not one of perfection and the mere fact of an error does not necessarily constitute negligence. A professional will only breach their duty of care by making an error which no reasonable member of their profession, in their circumstances, would have made. Even then, a professional may have acted negligently, but a claim will only succeed if their actions or advice caused financial loss.
What can I do about poor service by a Professional Advisor?
Most professional advisors will have their own complaints procedure or a complaint can be referred to a professional or trade body, such as the Legal Ombudsman for solicitors or barristers, the ICAEW for accountants or the Royal Institute of Chartered Surveyors (RICS) for surveyors.
How is my claim assessed?
We will start by taking your detailed instructions about the case, usually either by meeting with you or by phone. We will also talk to you about funding options and agree how the claim (or at least the first stages of work) will be funded. It will often then be necessary for us to obtain and review any files or other relevant documents held by your professional advisor. It may also be necessary for us to obtain evidence from an expert (such as an accountant, surveyor or a medical expert) to assess the value of your claim. We will then be in a position to advise you on the merits of your claim and to agree a case plan.
Will I have to pay anything/what will it cost?
We will talk to you about costs at the outset and carry out a full risk assessment. In appropriate cases, professional negligence claims can be funded by a Conditional Fee Agreement (CFA) (also known as a “no win, no fee” agreement). What this means is that you do not pay anything to us unless your claim is successful. If your claim is successful, most (but not all) of our costs are usually recoverable from the other side. Any shortfall and our “success fee” (an agreed percentage uplift) are deducted from your damages (up to an agreed cap). You can also take out after-the-event” or “ATE” legal expenses insurance against the risk of having to pay costs to the other side (and your own expenses) if your claim is unsuccessful and disbursement funding for expenses such as court fees and expert’s fees. Other flexible funding options are also available.
How much can I claim?
Damages can be claimed as compensation for any loss resulting from the negligent actions or advice. Damages for professional negligence are intended to put you in the position you would have been but for the negligence. This is found by comparing what your position would have been if there had been no negligence and your actual position.
This can include any financial loss (including lost profit or additional costs), a reduction in value of property or other assets and, in some cases, damages for physical or psychological harm.
How long will my claim take?
It depends, but our aim is to settle your claim as soon as possible. In most cases the professional advisor (or their insurer) will have up to 3 months to consider, investigate and respond to a Letter of Claim, so some claims are settled within or shortly after this period. If the claim cannot be settled and is contested to trial, this could take 12-18 months or longer in exceptional cases.
Will I need to attend court?
Most claims are settled without the need for court proceedings to be issued and, of those that are not, the vast majority are settled before trial. But if a claim cannot be settled and is contested to trial, it is expected that you (as the claimant and a key witness) will attend court and give evidence at trial.
Are there any time limits?
Yes, in most cases a claim must be brought within 6 years from the date of the negligence. However, in cases where the negligence only becomes apparent at a later stage, this may be extended to 3 years from the date of knowledge of the facts which might give rise to the claim. There is a long-stop date of 15 years. After these limitation periods expire any claim will be statute barred and cannot be pursued.
It is therefore important to seek legal advice quickly if you think you may have a claim for professional negligence.