When you suffer from negligence or damage, it’s natural to want to claim compensation using a Solicitor. However, even professionals with experience make mistakes — and if this results in loss, whether it be monetary, time, or otherwise, you may have the right to a claim.
It can seem intimidating to sue a professional who is well-versed in law, but if you have been on the receiving end of negligence by an Accountant, Surveyors, or Solicitor, it is important to remember they owed you a duty to undertake their role competently and professionally. If you received incorrect advice, or perhaps your Solicitor failed to adhere to agreed time limits, and you suffered a loss as a direct result, a professional negligence Solicitor will be able to help you.
There is a technical difference between professional negligence and 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 fall under the category of negligence. Negligence or inadequate service could include:
If you are unhappy with the service of a medical negligence solicitor firm, your first step is to make a complaint through their own process — there is a chance that they might be willing to make arrangements directly, especially if they readily accept responsibility.
If the matter is not settled at this point, you may choose to approach the Legal Ombudsman who may 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 complex, further research may be needed.
Most professional negligence claims call for a lot of evidence expert opinion to be presented, but when suing a Solicitor, thankfully this isn’t necessary, as the judge will themselves be a Barrister or Solicitor and therefore possess sufficient expert knowledge. As such, suing a Solicitor can be a relatively quite a quick process, despite having to go through the courts.
To be successful in taking a Solicitor to court, you will need a specialist professional negligence solicitor with a solid all-round knowledge of medical or clinical negligence law, ideally specialist knowledge of the area of focus of your case, and experience in suing other Solicitors.
If you have been given bad professional advice, or have incurred loss due to negligence by your Solicitor, you should consider taking action against them to ensure you receive the compensation you are owed.