If you have been let down by a solicitor you may feel disappointed, frustrated and end up out of pocket. In the event the solicitor has been negligent you may at least be able to obtain compensation but what happens if the solicitor dealing with your negligence claim is subsequently negligent? Is that the end of the line for your chance of being compensated?
By way of example consider the case of Mr J. He was injured in an accident in the course of his employment as a result of his employer’s negligence. A lorry he was using has an oil leak on a loading crane which the employer knew about but failed to fix. Mr J slipped on leaking oil and injured his back.
Unfortunately for Mr J his solicitor acting against the employer failed to issue Court proceedings in time and Mr J lost the chance of recovering damages from his employer. Mr J then instructed a solicitor to make a claim for professional negligence against his original solicitor but lightning struck a second time and the new solicitor failed to issue Court proceedings within the required time limit against the first solicitor and so Mr J lost the chance of recovering damages for professional negligence against the first solicitor.
At this point more than 9 years after the accident Mr J was tempted to give in. He could not recover damages from his employer for his serious injuries because of the negligence of his first solicitor and now could not claim against that solicitor because his second solicitor had been negligent.
Like many people in the same situation Mr J was not aware that he could claim against the second solicitor. He was concerned that given the passage of time since the accident he could no longer make a claim as he was not clear that his second solicitor was claiming compensation from the first solicitor and not the employer.
This can be described as a “double negligence” claim where a solicitor acting in a professional negligence claim against another solicitor is subsequently negligent.
Mr J went on to recover compensation from the second solicitor as a result of that solicitor losing him the chance of recovering compensation from the first negligent solicitor.
If you find yourself in this position and have been let down by a solicitor acting for you in a professional negligence claim Jordans may be able to help.