Personal Injury Negligence case rumbles on

It has recently come to light that a claimant in a personal injury case will be allowed to continue to pursue his solicitors for professional negligence, after a court found that he was entitled to claim his losses from his previous solicitors.

The claimant wished to bring personal injury claim relating to a condition called Vibration White Finger, which had arisen during his work as a coal miner. He instructed a firm called Raleys to bring a claim for damages on his behalf.

The claim was settled, but the claimant was unhappy as Raleys had not included a claim for damages for the day to day help that he needed. In effect, he had settled a personal injury claim for too little.

The claimant therefore sued Raleys for professional negligence. The case went all the way to trial, where the law firm admitted that they had been negligent, as they had not advised him to bring a claim for the day to day help that he needed. However, they said that he had not suffered any loss. 

The trial judge agreed, and the client lost his professional negligence claim, but the Court of Appeal said that the trial judge had not considered the evidence properly.

Despite the fact that Raleys has since closed down, the case will now be heard by the Supreme Court.

The judges in the Supreme Court will specifically consider whether it would have been honest for the claimant to bring a claim for his day to day assistance, which means they are effectively considering again the merits of the underlying personal injury claim.

This case will be important for anyone who believes they have settled a personal injury claim for too little, and wants to sue their solicitors for professional negligence.

If you are unhappy with the damages you received in your personal injury case, contact us today to see whether it will be possible to bring a claim against your solicitors.