Suing Your Solicitor for Missed Limitation Date in Personal Injury Cases
For accidents caused by no fault of your own, you can rightfully pursue a Personal Injury Claim to recover compensation for your losses and personal injury.
You have three years from the date you became aware of your injury to pursue a claim for compensation against the fault party or their insurer.
The procedural steps to mount your claim is directed by your representative and your instructions are sought to proceed.
If you instruct a solicitor to file the claim on your behalf, your representative ought to advise you of key dates and you co-operate with your representatives to pursue a claim for compensation.
On most occasions professional solicitors and lawyers adhere to deadlines however there are instances were a legal representative have missed a date and this may mean you are time barred from pursuing a claim against the fault party.
If your legal representative has made a mistake you have an action against your legal representative.
What is Professional Negligence?
In the simplest terms, professional negligence is a breach of duty that a professional owes to their client. The ambit of professional negligence entails many aspects including unsatisfactory service leading to a missed deadline.
The case handler may have failed to dairy the deadline date, they may have been off sick and the firm has failed to allocated the file or some other reason.
For individuals suffering from any of the factors discussed above, there is a way of recovering your losses from your personal injury claim against the negligent firm.
What is the Professional Negligence Claims Process?
The process to file a negligence claim can be complex. If you believe you have a valid claim for professional negligence, then consulting a legal expert or firm is a good idea.
You would need to establish that your original claim is likely to have been successful on the balance of probabilities and evidence losses as a result of the original claim. In the absence of an viable claim you representatives may have breached a duty of care but do not owe you any losses for such breach.
To file a claim for compensation, you should start by establishing these vital aspects:
- Breach of duty: Document the history of your agreement with the solicitor, detailing how the solicitor’s behaviour is against the terms of service in the contract.
- Causation: Establishing a clear cause and effect relationship between the solicitor’s neglect and the losses incurred.
- Valuation: Deciding upon a reasonable monetary settlement for the damages suffered
Another important point to remember is your involvement in the losses incurred. You must take appropriate steps to minimise your losses. The professional can claim the “defence of contributory negligence” to prove your involvement in the said damages. This will result in the reduction of your compensation amount.
Grounds for Suing
Like every other legal proceeding, filing a professional negligence case requires evidence. You need to explain the damages you have suffered due to the solicitor’s neglect. Some of the rationales for filing a case of negligence against your solicitor are:
- Missing out on the limitation date for your claim.
- Oversight in the investigation.
- Failure to comply with the instructions.
- Incompetence in finding the right evidence.
- Under-settlement of the claim.
However, there exist an even wider range of reasons to file a compensation claim. If you feel that you have been subjected to professional negligence, then consulting a law firm is an option. We, at GSR Solicitors Limited, work on a No Win No Fee arrangement to help claimants get recover their losses.
Pre-Action Protocol for Professional Negligence
Compliance with the Pre-action Protocol for Professional Negligence is imperative while filing a claim. The protocol details the framework for a cost-efficient resolution of the claim without going to the court. It involves a Letter of Claim sent to the solicitor with details about the grounds for the claim, the alleged negligence, and damages claimed, among other details. After receiving the letter, the professional must acknowledge it within 21 days. Thereafter, they have to provide a Letter of Response which either admits or denies your claim within three months of acknowledgement.
In case you do not reach a settlement, you can go to court.
Case in Point
With legal expertise, you can look to recover your losses. At GSR Solicitors will help you through every stage of the process. Just like we for one of our clients from Peterborough, Mr S.
Mr S was involved in a road traffic collision where his vehicle suffered heavy damage. He hired a legal firm to help him claim the losses for his vehicle. The solicitors pursued his case for a while before closing the case without informing Mr S.
When he sought our help for recovering the damages for his car, we discovered that the limitation period was already over. We then went on to seek a professional negligence claim against the concerned firm’s insurers, who ultimately agreed to compensate Mr S for his losses.
We believe there should be no financial restraints on the path of justice and therefore, we offer a “No Win No Fee” arrangement.
If you find yourself in the middle of a litigation battle, remember the name – GSR Solicitors. With a commitment to the truth, we will help you with anything legal.
Get in touch today to see if we can help you claim on a no win, no fee basis.