Am I Able To Claim If My Solicitor Missed The Limitation Date?

This article will discuss when you could claim professional negligence compensation if a solicitor missed the limitation date for your personal injury claim. We will explore the eligibility criteria for starting a claim like this and consider what evidence can be used to strengthen your case.

solicitor missed limitation date

Am I Able To Claim If My Solicitor Missed The Limitation Date?

The following sections also explain the duty of care solicitors owe you as their client, and provide examples of how their could be a failure to uphold this duty resulting in you experiencing a loss of chance to pursue your claim in it’s entirety or partially. Furthermore, we explore what compensation may apply if a case succeeds, and how it can be calculated.

In addition, we look at how a professional negligence solicitor could provide support and assist you through the process of making a claim. Also, we look at how you could access their services through a particular type of No Win No Fee agreement.

We encourage you to get in touch at any point if you have any questions as you read our guide. Our advisors are available 24/7 to offer free, no-obligation advice about your potential options. To reach them, you can:

  • Get in touch by calling 0800 408 7825
  • Use the online option to contact us
  • Start a conversation via the live chat feature.

Select A Section 

  1. My Personal Injury Solicitor Missed The Limitation Date – Can I Claim?
  2. How Could A Solicitor Miss The Limitation Period?
  3. What Professional Negligence Compensation Can I Claim Against My Solicitor?
  4. What Is The Professional Negligence Time Limit To Claim?
  5. No Win No Fee Professional Negligence Claims
  6. Learn More About Claiming If Your Personal Injury Solicitor Missed The Limitation Date

My Personal Injury Solicitor Missed The Limitation Date – Can I Claim?

As a professional providing a service, solicitors, including personal injury solicitors, owe their clients a duty of care. This means they must provide their services at the correct standard. As such, they must ensure that legal proceedings are started within the limitation period for personal injury claims. This is generally three years from the accident date as set out in the Limitation Act 1980. If your solicitor missed this limitation date, it could result in your claim becoming statute-barred meaning you are no longer able to pursue it. This may mean that professional negligence has occurred.

However, in order to make a professional negligence claim against a personal injury solicitor, you need to establish the following:

  • Your personal injury solicitor owed you a duty of care.
  • They failed to uphold this duty by providing services that fell below the correct standard.
  • You experienced a loss of chance to pursue either all of your claim, or part of it, as a result.

To discuss your specific case and find out whether you could be eligible to make a claim for professional negligence due to the failings of your personal injury solicitor, please contact an advisor on the number above.

How Could A Solicitor Miss The Limitation Period?

The standards of professionalism expected of solicitors can be found in the Code of Conduct from the Solicitors Regulation Authority (SRA). If a solicitor failed to uphold these standards, it is not necessarily professional negligence. However, you could still make a complaint to the SRA about your solicitor if the standards expected of them as per the Code are not upheld.

Below, you can find examples of how a personal injury solicitor could have missed the limitation period:

  • Your solicitor may have failed to send relevant documents on time
  • They may have failed to inform you of the correct time limit
  • They have have allowed the time limit to expire, preventing you from seeking alternative legal representation
  • Failure to adequately prepare your case on time

Other Potential Examples Of Solicitor Negligence

There are other ways a solicitor could have breached their duty of care resulting in you suffering a loss. For example:

  • If the solicitor does not value your claim correctly: This can occur despite you providing the solicitor with all the correct evidence. For example, you may provide evidence of travel expenses, but your solicitor doesn’t include them when calculating your payout. Alternatively, you may give your solicitor proof of psychological harm that you suffered alongside your physical injuries, but they failed to consider this when valuing your settlement. In both instances, you could receive less compensation than you are entitled to.
  • If the solicitor did not comply with court deadlines or instructions: The court can set deadlines and outline instructions that your solicitor needs to follow. Should the solicitor fail to ensure these deadlines or instructions are adhered to, it could mean your claim is struck out of court. As a result, you suffer a loss of opportunity to pursue all or part of the claim that was struck out.

Our advisors are available to talk through the specifics of your case. They can offer expert guidance on eligibility for starting a professional negligence claim, and may be able to connect you with an experienced solicitor from our panel who could assist you in seeking compensation.

What Professional Negligence Compensation Can I Claim Against My Solicitor?

The purpose of compensation awarded in professional negligence claims is to put the individual in the position they would have been in had their personal injury solicitor’s negligence not occurred. Therefore, if you make a successful professional negligence claim against a personal injury solicitor who missed the limitation date, you could be awarded general damages and special damages. These are the two heads of claim that make up successful personal injury claims, with each one addressing the different ways your original injuries impacted you. For example:

  • General damages compensate for the pain and suffering your injuries caused you.
  • Special damages compensate for the financial losses you were caused by your injuries. For example, you may have experienced a loss of earnings due to taking time off work to recover. This could be reimbursed under special damages.

As well as these two heads of claim, an 8% interest can be added to your overall settlement for each year that has passed.

When valuing the general damages portion of personal injury claims, legal professionals can consult the guideline award brackets from the Judicial College Guidelines (JCG) to help them. You can find some of these figures in the following table. Please keep in mind, these figures are not an exact representative of what you will receive as your individual circumstances will affect your overall settlement.

Award Bracket Amounts

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Injury Type Severity Other Notes Guideline Award Brackets
Head (c) Moderate (i) Cases of moderate to severe deficit of intellect and an impact on the senses such as sight or speech. There is also a significant risk of epilepsy and no employment prospects present. £150,110 to £219,070
Knee (a) Severe (ii) Leg fractures that extend into the joint in the knee causing constant pain of a permanent nature as well as limiting movement. £52,120 to £69,730
Leg (b) Severe (iii) Serious compound or comminuted fractures that cause instability and a prolonged period of treatment. £39,200 to £54,830
Foot (e) Serious Less severe injuries that lead to continuing pain caused by traumatic arthritis. £24,990 to £39,200
Back (b) Moderate (i) Compression or crush fractures affecting the lumbar vertebrae. These lead to pain that is constant, as well as discomfort and there is a substantial risk of osteoarthritis. £27,760 to £38,780
Neck (b) Moderate (i) Fractures or dislocations that give rise to severe immediate symptoms and may require spinal surgery. £24,990 to £38,490
Elbow (b) Less Severe Injuries that might create an impaired function but do not require surgery or leave significant disability. £15,650 to £32,010
Pelvis And Hips (b) Moderate (ii) Cases that can involve hip replacement or other surgery. £12,590 to £26,590
Ankle (d) Modest Minor or undisplaced fractures and sprains that are less serious are included in this bracket. Up to £13,740
Shoulder (c) Moderate Cases of frozen shoulder that cause limited movement and discomfort for approximately 24 months. £7,890 to £12,770

For more guidance on professional negligence compensation, please contact our team of advisors. They can offer a free claim valuation.

What Is The Professional Negligence Time Limit To Claim?

There is a time limit for professional negligence claims. This means you need to start legal proceedings within 6 years.

If you would like more information on the limitation period for claims against a negligent professional, please contact an advisor.

No Win No Fee Professional Negligence Claims

If you have valid grounds to pursue a professional negligence claim, and you wish to seek legal representation, please contact an advisor from our team. After assessing your case, they may connect you with a solicitor from our panel who has experience handling claims similar to your own, and who could assist you through the process of seeking compensation.

If you work with a professional negligence solicitor from our panel, they would offer their services under No Win No Fee terms. As such, they will work your claim under a Conditional Fee Agreement (CFA). This typically means that a fee for the solicitors work won’t be needed when your claim begins, as it progresses, or if it has an unsuccessful outcome.

It also means that if your claim is a success, your solicitor can take a success fee from your compensation. This is calculated as a percentage which does have a legal cap, which ensures that the majority of your compensation goes to you. Under agreements like this, you also have the opportunity to discuss the fee in advance before any work on your case takes place.

Get in touch if you have any other questions about making a professional negligence claim against a personal injury solicitor who missed the limitation date. To reach an advisor, you can:

  • Get in touch by calling 0800 408 7825
  • Use the online option to contact us
  • Start a conversation via the live chat feature.

Learn More About Claiming If Your Personal Injury Solicitor Missed The Limitation Date

Below, you can find more of our guides that explain how professional negligence solicitors could help you when you make a claim to seek compensation.

Some external resources also include:

Thank you for reading our helpful guide exploring when you could be eligible to claim against a negligent solicitor who missed the limitation date. For further guidance, call our team on the number above.

Article by EA

Publisher EI