McHale & Co. Solicitors Blog

Professional Negligence Claims

As a result of recent changes introduced by Lord Jackson in April 2013, it is highly likely that more mistakes will occur in personal injury claims than previously which will result in clients having to sue their own solicitors!

One important rule in the reforms was the introduction of a rule which enabled a party (nearly always the defendant/insurer) to ask for more time if they failed to comply with time limits on a number of points and nearly always they would be allowed extra time whereas persons bringing claims would not always be granted the same latitude.

Now under the reforms of Lord Jackson introduced in April 2013, time limits must be adhered to (with minor extensions) otherwise the claim will be struck out and Professional negligence claims may be required. Previously Professional Negligence claims arose from lawyers missing limitation dates ( normally a claim has to be issued in court within 3 years of the accident). With costs having been reduced significantly, there is a danger of corners being cut and deadlines missed (particularly over holiday periods) resulting in claims being struck out.

Another example of professional negligence is when a claim is under settled. For example in a serious road traffic accident a person may be rendered unconscious for a short period and then apparently recover quickly but most neurologists ( head specialists) will tell you that any period of unconsciousness of say 15 minutes or more can render the person vulnerable to the development of post traumatic epilepsy. This is a serious condition and the risk of developing it needs to factored into the settlement ( by way of provisional damages and the ability of going back to court for more if the serious condition does develop). Similarly if a person develops widespread pain following the accident but it appears in the early months that the pain is receding, an inexperienced personal injury solicitor may not appreciate the possibility of Chronic Pain developing which could affect that person for the rest of their life.

There are many other examples of Professional negligence arising from personal injury claims but missing time limits will probably become the most common in years to come resulting in clients having to sue their own solicitors with the defendant insurance company getting away with it.

McHale and Co solicitors specialise in such claims and if you have been let down by your personal injury solicitor please contact us on 0161 928 3848.

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