Unhappy & Want to Cancel Your Claim?
8 Reasons Why You Could Move or Claim For Negligence
Most people trust that when they instruct a solicitor to pursue a ‘no win, no fee’ personal injury claim for compensation their case is in safe hands and their claim will be run correctly and the advice their solicitor gives them is sound. But what if something goes wrong or what happens if your solicitor lets you down?
We look at eight common reasons why people are let down by their solicitor and may not get the right amount of compensation they deserve, or worse – no compensation.
Top 8 Reasons Why
1. Poor Legal Advice
2. Not Enough Compensation
3. Missed Deadlines
4. Ran Out of Time
5. Didn’t Prepare Properly
6. Failure To Assess Injuries
7. Suing the Wrong People
8. Claim Struck Out
1. Poor Legal Advice
Naturally when we approach a solicitor about recovering compensation for a personal injury we expect to be given the correct advice on how to go about making a claim. Sometimes, however, we are not given the right advice at all, and are not compensated in the way that we should be for our injuries. If you suspect that you been given inadequate or improper advice from your solicitor about the best way forward with your claim then you might be able to make a claim for compensation.
2. Not Enough Compensation
Sometimes, when making a personal injury claim it is difficult to know how much compensation you can expect to receive. This is why we have created our helpful Compensation Calculator, which gives you a rough idea of how much compensation you or your loved one can expect to receive for your illness or injury. If you haven’t been able to access this information prior to making your claim, you may find that your claim has been under-settled and that, in fact, you should have received a much larger sum than you have done. The level of compensation awarded for a personal injury or illness is based on many factors such as the cost of ongoing medical bills and all of these aspects need to be taken into account with your claim. If not, you may have a case for professional negligence.
3. Missed Deadlines
When pursuing a claim for compensation, we put our trust in the solicitor and naturally expect them to meet all deadlines given to them throughout the course of the claim. If, however, your solicitor has missed a deadline and this has had a significant impact on the outcome of your claim, you may be able to claim for professional negligence. Adhering to deadlines is an important part of making a claim and if your solicitor has missed any of the strict deadlines imposed on them, to your detriment, they are providing you with an inadequate service.
4. Ran Out of Time
All solicitors must adhere to strict guidelines when pursuing a claim imposed by the Limitation Act, which requires claimants to act within a timeframe of three years. There may be cases, however when your solicitor has not kept to this timeframe and you have been given incorrect advice as a result. If, for example your chosen solicitor has continued with your claim when they know that actually you are out of time and can no longer recover compensation for your injuries, but they have not informed you of this fact then you might be entitled to make a claim for professional negligence.
5. Didn’t Prepare Properly
It is your solicitor’s duty to put forward the strongest case possible in fighting for your claim, but unfortunately this does not always happen. For example, there may have been a significant instance of negligence in your claim but if you solicitor has not included these details then you will not receive the compensation that you are entitled to. If you believe that a solicitor has failed to properly investigate your case thoroughly and your compensation award has suffered as a result then you might be entitled to make a professional negligence claim.
6. Failure To Assess Injuries
In pursuing your claim it is very important that your solicitor carries out a thorough medical examination to determine the full extent of your illness or injuries. There may be details of your claim that mean you are entitled to a larger compensation pay-out – for example, if your injury or illness means that you will incur ongoing medical costs then these will need to be funded. If you believe that your solicitor has not carried out a thorough assessment of your injuries then you might be entitled to make a professional negligence claim.
7. Suing the Wrong People
The solicitor you instruct to deal with your compensation claim on your behalf has a duty to thoroughly assess every aspect of your claim and through this assessment determine who is responsible for the resulting accident or injury. If you feel that the solicitor who dealt with your personal injury claim has in fact wrongly assessed aspects of your claim and sued the wrong party then you might be able to make a professional negligence claim.
8. Claim Struck Out
Solicitors practicing in areas of personal injury will have much experience of dealing with cases of a similar nature to your own and so when you approach a solicitor with your personal injury claim you should feel safe in the knowledge that you claim is in the best possible hands and will stand the best possible chance at the Court. However, if you believe that your solicitor’s conduct has caused your claim to be struck out by the Court then you might be able to make a claim for professional negligence.
Are You Affected?
If you have experienced any of the above situations and think that you could have a claim for professional negligence, then speak to one of our solicitors for free: 0800 122 3036.
Our professional negligence solicitors will discuss your case with you at no cost and without any obligation. If they feel that you may have a case to answer then they will be able to request your file of papers from the original firm who advised you and review all of the documents in order to fully advise you on what options may be available to you. All work will be carried out on a no win no fee basis so there are no upfront fees and nothing to pay should your claim be unsuccessful through no fault of your own.
Time limits do apply to professional negligence cases so if you feel that your solicitors have let you down then it is important that you contact us as soon as possible so that we can start working to put things right.
