Before making a professional negligence claim against your solicitor you may have a few questions…..
My claim is still on going and I am not happy with my solicitor. Can Hayward Baker help?
We never like to see clients being let down by their solicitor. If you are unhappy for any reason then we want to help. The best way we can help you is to take over the file. Once we obtain the file we will carry out a full review and discuss with you all the issues and consider solutions and a case plan to ensure that your cases progresses as swiftly as possible to a successful conclusion.
My solicitor is slow and takes ages to respond to my emails. Should I accept this as normal or do something about it?
It is not acceptable in our view to provide this level of service. At Hayward Baker Solicitors claims we have clear service standards. We aim to answer emails the same day wherever possible, or at the very latest within 48 hours. A failure to keep clients informed is a regular problem that we encounter and is often indicative of the fact that the solicitor is not on top of the case or is too busy to deal with your claim which causes delay. Either way it is not acceptable.
My solicitor wants me to accept an offer which I think is too low. What should I do?
Ask for a second opinion from us. We can take over the case, obtain your file and review the offer. We can then advise you whether to accept or reject the offer. If we advise you to reject the offer we will provide you with a full review of the file and what needs to happen next in order to maximise the amount of your compensation award. If you then accept the offer there will be no charge as any second opinion you ask for is free.
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?
In normal circumstances where a claim has not settled proceedings must be issued within three years from the date of the accident. A failure to do so can result in you losing the right to pursue your claim. A solicitor has a professional obligation to notify you of your right to seek independent legal advice should this happen. It is important that if this happens to you that you act quickly. In some circumstances steps can be taken to save the claim. If there is nothing that can be done then a professional negligence claim can be brought against your solicitor.
Will it cost me anything for you to give me a second opinion?
No. We offer a free service to review your claim and to advise you on what should happen next. If you then decide to continue with us, we can discuss how best to proceed including the best way to fund your claim. This will include a no win no fee arrangement.
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.