When you pursue a claim, whether for breach of contract, negligence, or personal injury, you trust your solicitor to manage and run your case timely and effectively. However, what happens when your solicitor makes a mistake?
Our client was involved in a road traffic accident and instructed a solicitor to pursue a personal injury claim against the driver. The claim was issued at court and a timetable was set to take the claim to trial. Unfortunately, through no fault of our client, the claim was struck out when her previous solicitor failed to pay a court fee. In addition to this, due to delays in the negligent solicitor transferring our client’s file to us, our client was unable to re-issue her claim as it was outside the three-year time limit allowed from the date of the accident.
How this affected the client…
As our client’s claim was struck out (and out of time to re-issue at Court), this meant she could no longer pursue a claim for compensation for the injuries she suffered, arising out of the accident. Our client was left with no alternative but to seek alternative representation, and to pursue a professional negligence claim against her negligent solicitor for the compensation she would have recovered had her claim not been struck out. If she did not pursue a professional negligence claim, she would have been left without the compensation she otherwise would have been awarded, but for the negligence.
Due to the clear negligence of our client’s previous solicitor, fault was admitted at the outset when we notified them of our client’s claim. The only factor to be decided therefore was the value of our client’s claim. Given that you can only pursue a professional negligence claim for the loss you have suffered, and nothing more, our client’s losses were valued at the amount she would have recovered had her personal injury claim not been struck out.
With our assistance and experience our client manged to obtain a satisfactory settlement, which meant she recovered the monies she would have recovered had her claim not been struck out in the first place.
If you think you have suffered as a result of negligent legal advice get in touch with us today:
- Call: Gemma Bowkett on 0113 224 7818
- Email: Gemma.firstname.lastname@example.org
For the Quality Legal Service You Deserve.