When you suffer from negligence or damage, it’s natural to want to make a claim for compensation by using a Solicitor. However, even professionals with experience can make some amateur mistakes for whatever reason — and if this results in financial loss or time-wasting for you, you may have the right to a claim.
It can seem quite intimidating to try to sue a professional who is well-versed in law, but there are many situations in which you are owed a job well done, including Accountants and surveyors as well as Lawyers and Solicitors. If you were given any professional advice which was wrong, or your Solicitor failed to adhere to time limits, a professional negligence Solicitor will be able to help you.
There is a technical difference between professional negligence and an inadequate service, although the latter can easily turn into the former. Delays due to your Solicitor would classify as inadequate service, but if the delays went on so long that a time limit was missed it would then fall under the category of negligence. Negligence or inadequate service could include:
- Suing the wrong party
- Failing to serve notice on time
- Failure to draft a will properly
- Missing a court date
- Causing your claim to be stuck out of court
- Undersettling for a personal injury claim
The first step to take if you are unhappy with the service from a medical negligence Solicitor is to make a complaint through their own system — there is a chance that they might be willing to make arrangements directly, especially if the Solicitor or company readily accepts responsibility.
If the case isn’t settled here you can choose to approach the Legal Ombudsman who may be able to directly award you compensation without the need for a trial. This is only likely in straightforward situations though, as if the consequences are far-reaching or complicated further research may be needed.
In most professional negligence claims the process calls for a lot of evidence expert opinions to be presented. Luckily, in the case that you are suing a Solicitor this won’t be necessary as the judge will themselves be a Barrister or Solicitor and therefore be expert enough. This means that this kind of claim can be quite a quick process, despite having to go through the courts.
In order to take a Solicitor to court you will need a specialist professional negligence Solicitor. A good all-round knowledge of medical or clinical negligence law is very important, and preferably you should be discussing your case with a Solicitor who has experience in the very field your case is focussed on. Of course, a Solicitor who has had experience in suing other Solicitors would be useful as well.
Professional negligence claims against Solicitors can have quite diverse origins and details, so you shouldn’t hesitate to discuss your problems with another firm either before or after you make your initial complaint.
If you have been given bad advice or lost out on time or money due to inadequacy on the part of your Solicitor, you should seriously consider taking action against them in order to get what you deserve.