Here at Hayward Baker Solicitors we have taken over many claims from solicitor firms who just did not have the expertise to run the personal injury claim properly, and used our expertise to obtain much more than the other firms had advised the clients to accept.
- I’m Unhappy with the Advice I’ve Been Given
- I was told I don’t have a case
- Am I paying my solicitor the correct fee?
- I’m unhappy with my compensation
- My solicitor made a mistake
- Professional Negligence FAQs
I’m Unhappy with the Advice I’ve Been Given
If you are in anyway unhappy with the service you are receiving it is your right to transfer to an alternative solicitor.
Is your claim taking too long and you are not being kept informed?
The more seriously injured you are the longer a claim can take to resolve. This is because it can be quite some time before the long term effect of the accident is finally known depending on how well you are recovering. Nevertheless all this should have been discussed with you and you should know what is happening at all times.
Where liability is accepted your solicitor should discuss with you rehabilitation and ensure you get the treatment you need to get you back on your feet and funded by your opponent’s insurers. They should discuss interim payments with you, particularity where you have not been able to return to work because of your injuries.
Where liability is disputed we find that many solicitors simply do not do enough to obtain the evidence they need and to put pressure on insurers by issuing proceedings to show they mean business. This in our experience results in claims being resolved sooner rather than later.
Where your claim is being handled by a junior person, they may not have the expertise, experience or confidence to issue proceedings, and this can cause substantial delays and risk claims under settling.
Do you not like the advice you have received from your solicitor and want a second opinion?
If you are in any way unhappy with the advice you have received then we can take over your claim for you. Please see below for details of what we can do to help.
I was told I don’t have a case
We have taken on many cases over the years and obtained compensation for clients where other firms were not prepared to deal. If you have been rejected by a solicitor then don’t give up.
Let us review the circumstances and we will see if we can help.
As the majority of claims are funded under a no win no fee arrangement, many firms will only take on cases if they are sure-fire winners. At Hayward Baker Solicitors we take a different view. If you have been injured as a result of an accident, then you deserve the chance to at least try for compensation, even where that claim is potentially difficult. If we believe there is some chance, then we will try for you. We know what it is like to suffer injury, and we also know the effect that this can have on you, your family, and your finances particularly if you are off work and are not getting paid.
If we do not believe your case has sufficient merits to bring a claim, you will at least have the peace of mind of knowing that you have obtained a second opinion and it has not cost you anything to do so.
Am I paying my solicitor the correct fee?
I appointed my solicitor before April 2013 and I have had money deducted from my compensation. Can I complain?
Prior to April 2013 most solicitors limited their fees to what the opponent were prepared to pay in addition to the compensation. So you should have received 100% of your compensation, and the solicitor should have been paid in addition. Whilst there may be circumstances where the solicitor legitimately deducted money from your compensation, this should never come as a surprise and you should have been made aware of this before the work was carried out. If this was not the case then you may be able to do something about it and we can help.
I appointed my solicitor after 1st April 2013 and I have had to pay fees from my compensation. Is this right?
Due to changes made by the government, where you appoint a solicitor after 1 April 2013 there are now restrictions on what legal fees can be recovered from your opponent. Unfortunately the government’s reforms have resulted in insurance companies maintaining large profits at the expense of the innocent victim who often now has to pay some fees from their compensation.
But your solicitor has a professional obligation to explain everything to you, and must comply with the legal profession’s code of conduct. There are many pitfalls here for solicitors, many of whom have been slow to fully understand their revised obligations in the new regime. If the solicitor has not done everything correctly, then we can help and we might be able to get you some or all of the money back that has been deducted from your compensation.
We can help
At Hayward Baker Solicitors we will review your solicitor’s file for you and give you a second opinion. If we feel that your solicitor has not complied with their professional obligations we will advise you on what you can do about it. There are normally a number of options which range from making a complaint to pursing a claim in negligence against the solicitors. If we feel that the solicitor has done everything correctly, then at least you have the peace of mind of knowing this, and it will not have cost you anything for this second opinion.
In order for us to provide you with a second opinion all we need you to do is click the image link below and provide us with the details requested. We will then send you a form for you to sign to authorise us to obtain the file.
I’m unhappy with my compensation
Are you unhappy with the amount of compensation you received?
This is a common problem. Regrettably over the years many practices have turned their firms into factories that churn out compensation as part of a rapid conveyor belt process using unqualified and poorly trained staff. The effect is often to miss what can be claimed for which can result in an award that is too low.
Have you been advised to accept the first offer?
Many of these factory firms are more interested in speed rather that quality to ensure they get paid as quickly as possible, which is why some are advising clients to accept the first offer they receive which is rarely appropriate.
We can help
At Hayward Baker Solicitors we will review your solicitors file for you and give you a second opinion. If we feel that you have been let down by your solicitor we can advise you what can be done. There are normally a number of options which range from making a complaint to pursing a claim in negligence against the solicitors. If we feel the settlement was reasonable then at least you have the peace of mind of knowing this, and it will not have cost you anything for this second opinion.
In order for us to provide you with a second opinion all we need you to do is click the link below and provide us with the details requested. We will then send you a form for you to sign to authorise us to obtain the file.
My solicitor made a mistake
It is a fact of life that in any walk of life things can go wrong. This applies equally to your solicitor. Where things go wrong it is important that you act fast. See below for how we can help you when you believe your solicitor has made a mistake.
My solicitor has told me to seek independent legal advice because he has missed the three year limitation period. What does this mean and what should I do?
If proceedings are not issued within three years of the date of the accident then you might lose the right to claim. Whenever a solicitor makes a mistake they are under a professional obligation to tell you so that you can seek independent legal advice. If there is nothing that can be done to put things right, then a claim can be brought against your solicitor in negligence. It is important that if this happens to you that you act quickly. If you want a second opinion on what can be done then click on the link below.
My solicitor has told me to seek independent legal advice because he didn’t serve witness statements in time and I am no longer allowed to call any witnesses at my trial. What shall I do?
We can help, at Hayward Baker Solicitors we will review your solicitor’s file for you and give you a second opinion. If we feel that your solicitor has been negligent we will discuss with you what can be done.
In order for us to provide you with this second opinion all we need you to do is click the image link below and provide us with the details requested. We will then send you a form for you to sign to authorise us to obtain the file as a matter of urgency. Our emergency team will obtain the file and review the position urgently so that you can decide quickly what to do next. It is important that you act fast as sometimes it is possible to take steps to rectify the problem if we can act quickly enough.
Professional Negligence FAQs
Is there a time limit within which I am able to make a claim?
In most professional negligence claims you have six years to issue Court proceedings. The period generally starts to run from the date when the professional was negligent or the date you suffered loss. If you believe that you have a claim then contact us now for a free no obligation review of your case.
Can I make a Claim?
To make a Professional Negligence claim against your solicitor you will need to provide evidence that they owed you a duty of care and this was in fact breached.
Your solicitors standard of care must have fallen below the standard that would be expected of a reasonably competent Solicitor working in the same filed of expertise.
If your solicitors breach of care caused you to suffer a loss then this loss must be as a direct result of your solicitors professional negligence.
If you believe that you have a claim then contact us now for a free no obligation review of your case.
Will I have to go to Court?
The majority of Professional Negligence claims against solicitors do settle before trial however there may be a time in which you will have to attend court to validate your claim.
What can I claim back from my negligent solicitor?
The whole idea of making a professional negligence claim against your solicitor is to put you in the position you would have been had they not been negligent. As such, you can claim any loss you have suffered, provided that the loss was a direct result of your solicitors professional negligence.