Solicitors Accept Negligence to the Tune of £18,000

Professional negligence claims against solicitors can be needed if they fail to value an injury claim properly; such was the case with our client Annette. After the trauma of her accident, she faced a second ordeal fighting to get proper compensation for her injuries.

The accident and aftermath

In January 2011, Annette was involved in a car accident that left her with physical and psychological injuries, including severe back, right shoulder and right hip pain. She approached a well-known Liverpool firm to take on her injury claim. Their medical expert examined Annette and determined she should make a full recovery within a year of the accident. Shortly after the accident her injured hip gave way and she fell, causing her arm to fracture. She alerted her solicitors to this, but it was not taken into consideration when they valued her injuries… Annette trusted her solicitor’s judgement and in May 2013 followed their advice to settle her claim for £20,000.

Continuing problems

Annette’s hip and shoulder pain did not go away which affected not only her quality of life, but her ability to be the main carer for her husband. Because she could not care for her husband as she had before the accident, she needed to rely upon help from friends and family members for an extended period of time. Physiotherapy and injections did nothing to stop the hip pain, and 19 months after the accident (not the 12 predicted by her former solicitor’s medical experts), Annette was still suffering. Her doctor arranged for her to see a specialist, and after getting an MRI scan, a tear was found which explained the significant and ongoing pain. A hip arthroscopy was performed to repair the tear and Annette was on crutches for six weeks after the surgery. Unfortunately, despite the surgery, the hip pain did not fully resolve. In the future she may need a full hip replacement.

In the meantime doctors were also concerned about her shoulder symptoms, which finally settled 24 months after the accident; (again not the predicted 12 months). It gradually dawned on Annette that something may have gone seriously amiss with her solicitor’s valuation of the claim.

A second opinion from Irvings Law

Annette had learned about Irvings Law through our Claim More Money service and decided to contact us about her situation. We reviewed her files and started investigating a claim for professional negligence. Unfortunately as in many cases we found that Annette’s original solicitors had advised her to settle too early and without fully investigating the consequences of the accident. Taking into account the injuries, the medical opinions of our experts as well as the overlooked injuries we felt she had a good claim for professional negligence against her former solicitors.

We issued proceedings on the basis that her solicitors had failed to claim for her fractured arm, the psychological injuries that she had been left with as a result of the accident, the cost of treatment for those injuries, and failure to claim for any care and assistance which the Annette received from friends and family as a result of her injuries.

A fresh settlement and justice done

Her former solicitors did put forward a defence, but a settlement was soon negotiated. In addition to her original compensation, Annette received £18,000 due to the negligence of her solicitors. She was very pleased with the outcome, and we wish her all the best as she moves forward with her life after the accident.

You expect and trust a professional like a solicitor to handle your claim with detail and care. It can be very frustrating when your solicitor makes a mistake, especially when it costs you – the client. If you feel your case wasn’t settled properly or that your solicitor made a mistake causing you a loss, we can look into this for you. We offer a free initial meeting and a no win, no fee promise. Contact us today and see if we can help.

Ian Kyle
Partner, Irvings Law