Professional Negligence Case Studies
Claims for Professional Negligence and Case Studies
Read some of our professional negligence cases studies below to see the types of professional negligence you can claim for.
If you wish to speak to one of our friendly team about bringing a professional negligence claim telephone 01925 937070 or complete our Professional Negligence Enquiry Form by clicking here. You can also complete our enquiry form on the right hand side of the page and we will call you. If we believe you have a good case we will take the case on a no win no fee basis.
Professional Negligence Case Studies
Case Study One
A solicitor’s firm submitted their client’s unfair dismissal claim to the employment tribunal one day after the deadline for submission of the claim expired. Time limits in the employment tribunal are extremely short and, because the solicitors had missed the deadline, the claim was withdrawn, depriving the Claimant of the opportunity to obtain compensation from her ex-employer. She therefore sought our advice and we negotiated a settlement of £7,000.00 on her behalf without having to issue Court proceedings. Her legal costs were also paid by the solicitors’ insurance company.
Comment: It is the solicitor’s duty to advise his or her client about time limits for bringing a claim. Where the solicitor is instructed to pursue a claim – as in this case – it is then the responsibility of the solicitor to ensure that the claim is issued in time.
Case Study Two
A firm of solicitors was successfully sued for professional negligence and further compensation was awarded to their ex-client after the settlement they obtained for him had failed to take account of a claim for activities he could no longer carry out, such as gardening, car repairs and DIY.
Comment: There could be many thousands of similar claims whereby the claimant has failed to receive the compensation they deserve. It is very important to be aware that there is a strict time limit within which to claim. Legal advice should therefore be sought as soon as possible. Call us on 01925 937070 for advice if you wish to discuss a possible claim.
Case Study Three
A firm of solicitors negotiated a settlement of a client’s claim, claiming compensation for pain and suffering as a result of the injury, as well as loss of earnings. However, the settlement which was recommended by the solicitors did not include a claim for future loss of earnings which, as the claimant would not be able to work again as a result of his injuries, was very substantial. As the compensation was accepted “in full and final settlement” of the claim it was not possible to seek further compensation from the Defendant.
The Claimant therefore sought legal advice as to whether he could seek compensation for his solicitor’s error. The claim was settled for an agreed sum by the solicitors’ insurers without Court proceedings being issued.
Comment: This is a very serious oversight which, had the Claimant not sought independent legal advice leading to an agreed settlement, would have left him struggling financially in the years ahead. If you have found yourself in a similar situation and aren’t sure what to do, contact us for free specialist legal advice on 01925 937070 or email info@dsmlegal.co.uk. We’re more than happy to answer any questions you may have.
Case Study four
In one case a solicitor advised a client to sign a Settlement Agreement from his employer waiving all his rights to bring a claim against them for unfair selection for redundancy in return for a lump sum. Unfortunately the solicitor was unaware that the client was also pursuing a personal injury accident claim against his employer. As a result of signing the Settlement Agreement the client had also signed away his rights to pursue the accident claim resulting in a loss of several thousands of pounds.
Comment: It was not possible to overturn the settlement agreement as the client had taken independent legal advice. In this case the solicitor was negligent by not giving the correct legal advice as to what the settlement agreement covered and what was not included.
Warrington Solicitors
We are solicitors in Warrington, Cheshire and we accept claims from across England and Wales.
We can assist with professional negligence claims, wills, oaths, affidavits and statutory declarations, employment law claims, settlement agreements, personal injury (accident claims), accidents at work, medical negligence and criminal injury compensation claims.
