Can I Claim Against My Solicitor If My Personal Injury Claim Is Struck Out?

If your personal injury claim was struck out due to the failings of your solicitor, you may be wondering if there is anything you can do. This guide will explain when you could be eligible to claim compensation if your solicitor has been negligent. Specifically, we will explore the types of evidence that will help support your professional negligence case against your personal injury solicitor as well as the time limits that you must keep in mind.

In addition to the above, we will also provide some examples of how your lawyer’s conduct might fail to meet the standards established by the Solicitors Regulation Authority (SRA), the body that regulates solicitors and law firms. Read on for more information.

It is also worth contacting our helpline to learn more. One of our advisers can not only answer questions you may have about the claims process but also provide you with a personalised estimate of your potential compensation. Use the following details to request more information or to ask about working with one of the No Win No Fee solicitors on our panel. Reach us:

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Learn How To Claim If Your Personal Injury Claim Is Struck Out

Browse Our Guide

  1. When Can I Make A Professional Negligence Claim Against A Solicitor?
  2. Can I Claim Against My Solicitor If My Personal Injury Claim Is Struck Out?
  3. Potential Compensation In A Professional Negligence Claim Against A Solicitor
  4. What Is The Professional Negligence Claim Time Limit?
  5. Why Make A No Win No Fee Professional Negligence Claim?
  6. Learn What You Could Do If Your Claim Is Struck Out

When Can I Make A Professional Negligence Claim Against A Solicitor?

In order to bring a successful professional negligence claim against your personal injury solicitor for your claim being struck out, you must be able to prove negligence. If a solicitor agrees to take you on as their client, then they owe you a duty of care to act and provide you with a reasonable standard of service.

Personal injury claims can be struck out of court for different reasons. It could be that just part of a claim is struck out, and you can continue pursuing the rest of the claim, or it could be the whole case is thrown out by the court. If this happens because of failure on the part of the solicitor, for example, missing court deadlines, then it could be said the solicitor has breached the duty of care they owed to you, their client. If you have lost the chance to pursue your personal injury claim because your solicitor was negligent, then you could be eligible to pursue a claim against them.

To be able to make a professional negligence claim against a solicitor and prove that negligence occurred, you must be able to show:

  1. Your solicitor owed you a duty of care.
  2. This duty was breached.
  3. As a result of this breach, you lost the chance to pursue all or part of your claim. 

All solicitors owe their clients a duty of care. Therefore, professional negligence cases involve demonstrating how your solicitor failed to uphold this duty and, as a direct result, caused your personal injury case to fail.

Contact our helpline if you have questions about the claims process or how to prove your personal injury claim was struck out due to your solicitor’s negligence.

Can I Claim Against My Solicitor If My Personal Injury Claim Is Struck Out?

If your solicitor fails to act according to the court’s rules and instructions, your claim could be struck out. As previously said, the court may decide to strike all of your case or just part of it, it entirely depends on the reason for the strikeout. 

The court may decide to strike out a claim if:

  • The solicitor does not provide information that the court requests
  • The solicitor does adhere to court deadlines 
  • The solicitor does not pay court fees by the correct date
  • The statement of case discloses no reasonable grounds for bringing
  • The statement of case is an abuse of the court’s process

To be able to claim against a solicitor for your personal injury claim being struck out, you must be able to prove negligence. Just because a court may decide to strike a case out does not automatically mean the solicitor is at fault.

 Other Examples Of How A Solicitor’s Conduct Could Lead To A Professional Negligence Claim

You may be able to pursue a professional negligence claim in other circumstances where your solicitor has caused you to suffer a loss. For instance:

  • They may advise you to accept a settlement offer that does not account for all your losses, such as your loss of earnings.
  • They may miss the limitation date that dictates how long you have to start your personal injury claim; this will mean your case is statute-barred.

If you have evidence showing that your solicitor did not follow the correct steps in your personal injury case, leading to the claim being struck out, contact our helpline.

Potential Compensation In A Professional Negligence Claim Against A Solicitor

Successful professional negligence claims against a personal injury or medical negligence solicitor are awarded compensation that is calculated in the same way it would have been for your original claim. This includes general damages and, in some instances, special damages. The first of these is intended as a means to compensate you for the pain caused by your injuries, including both physical damage and psychological damage.

Solicitors will usually calculate this head of claim with help from the Judicial College Guidelines (JCG). The compensation brackets contained within this document can be useful guidance, as they are organised by type and severity of injury that a person could sustain. The table below contains some examples of these. However, they are only a guide, as the circumstances of your case are unique.

As well as this, a successful professional negligence claim also includes an 8% interest per annum. 

You could also receive a payout for special damages. This head of claim is intended to return you to the financial position you were in before your injury, so it can include losses such as:

  • Loss of earnings, past and future
  • The cost of medical rehabilitation, such as physiotherapy and prescriptions
  • The cost of making medical adaptations to your house or car

Guidelines Table

Type of Injury Severity Guideline Brackets Description
Brain and Head Injuries Very Severe £282,010 to £403,990 Though there may be some ability to follow basic commands, there will be little meaningful response to the environment, if any.
Injuries Affecting Senses Total Blindness In the region of £268,720 Vision is completely lost is both eyes.
Back Injuries (i) Severe £91,090 to £160,980 Very serious combination of consequences not normally found in back injuries, involving damage to the spinal cord and nerve roots.
Leg Injuries (i) Severe £96,250 to £135,920 This bracket includes the most serious injuries short of amputation, such as gross shortening of the leg.
Neck Injuries (ii) Severe £65,740 to £130,930 Injuries which usually involve damage to the cervical discs or fractures of the spine, giving rise to disabilities like permanent damage to the shoulder nerves.
Other Arm Injuries Severe £96,160 to £130,930 Extremely serious injuries that leave the individual little better off than if they had lost the arm through amputation.
Hand Injuries Serious £29,000 to £61,910 Hand capacity is reduced to about 50% of its normal capacity, such as when several amputated fingers have been rejoined but hand remains clawed or clumsy.
Wrist Injuries Loss of Function £47,620 to £59,860 Function is completely lost: an arthrodesis has been performed.
Elbow Injuries Less Severe £15,650 to £32,010 Function is impaired but no major surgery is involved.
Shoulder Injuries Fractured Clavicle £5,150 to £12,240 Award considers the extent of fracture, residual symptoms, level of disability and other factors.

What Is The Professional Negligence Time Limit?

The Limitation Act 1980 determines that you have 6 years to begin a claim for professional negligence. There may be exceptions to this time limit where it can be suspended. 

To find out if you have an eligible claim, receive an estimate of what you could potentially be awarded or find out if you are within the limitation period to start your claim, call our advisors today for free advice.

Why Make A No Win No Fee Professional Negligence Claim?

The professional negligence solicitors on our panel could help you build your case if your personal injury claim was struck out due to the negligence of your solicitor. They can represent you under the terms of a Conditional Fee Agreement (CFA), which is a specific kind of No Win No Fee arrangement.

Using a CFA means that you would not have to pay for the solicitor’s services while your professional negligence claim is still ongoing. Additionally, the use of a CFA generally means that you wouldn’t have to pay a solicitor’s fees for their services if your case fails.

Instead, the solicitor would take a success fee, which is a small percentage of your compensation. However, they would only receive this fee if your claim succeeds, and they would not take it until the end of the claims process. This fee is capped legally.

Contact Us For Free To See If You Can Receive Compensation If Your Claim Has Been Struck Out

If you have questions about claiming for professional negligence after your claim was struck out, you can contact our helpline. One of our advisers can give you a free consultation that you can use to ask questions about the claims process and get a personalised estimate of your potential compensation. Our team may also be able to put you in contact with one of the solicitors on our panel. Find out more:

Learn What You Could Do If Your Claim Is Struck Out

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Thank you for reading our guide about claiming for professional negligence against your solicitor if your original claim was struck out. Our advisers can answer any further questions you may have.