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Professional Negligence in Personal Injury Claims

Have your personal injury lawyer's mistakes lost you money?

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Katherine Swinn

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Professional Negligence legal services by Truth Legal Solicitors
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Professional Negligence in Personal Injury Claims

Have your personal injury lawyer's mistakes lost you money?

Rated Excellent on TrustPilot

When you’ve suffered a personal injury, recovering compensation can be a vital part of getting your life back on track. But if a personal injury lawyer has made mistakes or mishandled your claim, it can leave you feeling like your hoped-for redress has been replaced by another injustice.

If your personal injury lawyer’s conduct has caused you financial loss, or reduced an anticipated financial gain, you may be able to bring a professional negligence claim against them so that you are properly compensated.

Truth Legal has specialist expertise in professional negligence claims. Our solicitors work closely with our personal injury team – who can provide experienced insight into the professional standards required of all personal injury lawyers.

Get in touch with us today to discuss your situation.

Examples of personal injury claim professional negligence

Situations where mistakes by a personal injury lawyer could give rise to a professional negligence claim include:

  • Failing to protect your right to claim by missing the limitation deadline
  • Under-settling your claim so that you do not receive the appropriate amount of compensation for your injuries or other losses
  • Missing a key deadline in a court case, resulting in the case being struck out
  • Giving you bad or careless advice
  • Not taking, or incorrectly following, your instructions in a crucial aspect of the case

Personal injury claim professional negligence FAQ

Do I have a professional negligence claim against my personal injury lawyer?2023-06-14T10:50:20+01:00

Firms of solicitors owe their clients a duty of care and must always act in their clients’ best interests. So, for a professional negligence claim against your lawyer to succeed, you must prove that they failed in their duty of care towards you. This can be done by establishing that they failed to meet the professional standards required of them.

Regardless of the lawyer’s experience, the standard they must meet is that of a ‘reasonably competent practitioner’. If the lawyer is, or claims to be, a specialist in the area of law in question, they will instead be held to the standard of a reasonably competent specialist practitioner in that area of law.

If it can be proved that your lawyer breached their duty of care, it must then be shown that:

  • you suffered a loss; and
  • this loss was caused by your lawyer breaching their duty

To illustrate all of this, imagine you suffered a personal injury and are making a claim. Your solicitor is careless and overlooks important information in your medical report. As a result, he values your injury claim at £2,000, whereas if he had carefully considered all of the information available to him, he would have valued it at £5,000.

Your solicitor has now breached his duty of care towards you; his actions have fallen below the standard of a reasonably competent solicitor. He then advises you to settle your claim for this £2,000 sum and you, understandably, rely upon his advice. His carelessness in reading the medical report has now caused you a loss.

Through no fault of your own, you have settled your case for £3,000 less than its actual value. You relied on your solicitor to act in your best interests and he let you down.

What are the time limits for making a claim against my personal injury lawyer?2023-06-14T10:51:20+01:00

With professional negligence claims, you must begin your claim within 6 years of the date on which the negligence occurred. Otherwise, you may be prevented from making the claim at all.

However, if you were unaware of the professional negligence at the time, the time limit will run from the date when you found out about it.

Also, there are other rules which can change the time limit that applies in your case. So, if you are thinking of bringing a professional negligence claim, or are worried that you may have left matters too long, it is best to contact us as soon as possible so that we can advise you fully.

How can I fund my professional negligence claim?2023-07-14T11:07:42+01:00

If you’ve had a personal injury claim affected by professional negligence, it is completely understandable that you might be wary of starting any new legal matters.

At Truth Legal, we recognise this and offer a range of funding options. By doing so, we aim to give you peace of mind and to limit the possibility of you incurring any further expenses. We are often able to conduct matters on the basis of a ‘No Win, No Fee’ agreement, where, in the vast majority of situations, you do not have to pay our fees if we are unsuccessful in recovering compensation for you.

Funding arrangements will always be explained to you fully before you start your professional negligence claim. And we are more than willing to answer any questions you may have.

Why should I claim with Truth Legal?

Professional negligence claims can be complicated, particularly when it comes to the question of whether your personal injury lawyer has failed in their legal duty of care.

You need to be sure that the solicitors you instruct can handle these difficulties and have the relevant personal injury expertise to identify errors and bad practices.

Truth Legal has experts in both professional negligence and personal injury law, ensuring you have the ideal legal support in seeking the compensation you deserve.

We pride ourselves on providing a top-quality, attentive service for our clients, and this commitment is borne out by our excellent client ratings on TrustPilot and reviewsolicitors.

We offer:

  • A free initial consultation – to discuss your circumstances.
  • Specialist technical knowledge and experience – so you can rest assured that your case is in the best hands.
  • Practical advice – tailored to your situation.
  • Strong representation – fighting for the compensation and outcome you deserve.
  • Support and compassion – friendly, knowledgeable professionals on your side through a difficult time.
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