Proof of Negligence

In order to succeed in a claim for professional negligence we have to prove on your behalf that your former solicitors were negligent such that they were in breach of the duty of care owed to you as a client.

In order to establish negligence we have to prove that:

  • The standard of work provided and advice given fell below the standard of a reasonably competent solicitor practising in personal injury law or medical negligence law. This is the negligence test.
  • There was a good claim for damages against the original Defendant and that this was worth significant damages.
  • Financial loss occurred as a result of the negligence.

If the negligence relates to your acceptance of any offer based on advice from your former solicitor we have to prove that:

  • The advice was such that no competent solicitor should have given it; and
  • At the time of settlement the claim was worth significantly more than the offer; and
  • If proper advice had been given you would have rejected the offer; and
  • After rejecting the offer, a substantially increased level of compensation would have been obtained.

If the original claim was not issued in time or if the case was struck out we have to prove that:

  • Financial loss occurred as a result of the solicitors’ negligent action or failure to act; and
  • At the time that the Court proceedings should have been issued, or at the time that the Court proceedings were struck out, the claim was worth significant damages.

If you think your solicitor may have mishandled your claim, contact our team for a free initial consultation on 0800 138 0458.

 

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