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Disputes & Litigation Solicitors Professional Negligence Claims

Disputes and Litigation Solicitors Negligence ClaimsIf you have suffered the double stress and trauma of being involved in a civil claim or dispute and your Solicitor has negligently lost your claim or defence or damaged it as a result of their negligence you will not only have suffered a loss but will rightly feel badly let down.

It is important to realise in these circumstances that not all Solicitors are the same and that if you had a good enough claim or defence which was lost or damaged by a negligent Solicitor you should be able to recover the compensation you deserve, through a professional negligence claim against the Solicitor.

There are many different types of civil litigation, claims and disputes and also many ways in which a Solicitor may be negligent and cause you a loss. Whether you were bringing or defending a claim it is possible for your Solicitor to be responsible even when you have instructed them to proceed in a particular way, which caused the loss, if part of their advice upon which you relied upon in making your decision, was negligent.

The advice of your Solicitor as a whole has to be considered and your instructions put into context against the advice given. For example, if you were warned that your case had a serious risk of losing your Solicitor might argue that you simply knowingly took the risk, whereas it might have been the case that they did not warn you as to the costs consequences or gave you such inadequate costs information that the risk you thought you were taking was completely different to the real risks and consequences in your case.

The types of negligence in this area are very varied but the main areas of negligence in litigation cases include:

Failing to advise as to the correct time limit (Limitation date) Failing to give the correct advice about the merits or risks of the case
Failing to issue proceedings on time Failing to advise a Defendant to plead Limitation
Issuing proceedings against the wrong Defendant Failing to advise on or use any valid Defence
Failing to validly serve the proceedings or on time Failing to obtain/use correctly expert evidence
Failing to advise on the correct law or procedure Failing to contact and use relevant witnesses
Delays leading to your case being damaged or struck out, or costs Orders being made against you Causing breach of Orders, Rules or Directions leading to your case being damaged or struck out, or costs Orders being made against you
Failing to prepare your case properly Failing to understand your case
Failing to advise about insuring against the risk of losing and having to pay the other side’s costs Advising you to settle at the wrong figure (an Under Settlement)
Failing to give the correct costs information and advice Failing to advise you correctly as to offers/settlement proposals
Failing to give appropriate advice about Part 36 offers Failing to act upon your instructions
Failing to claim all heads of loss Failing to advise on mediation and ADR
Failing to value your case correctly Failing to advise on Legal Aid/Statutory Charge/BTE Insurance
Failing to understand the other side’s case Failing to seek/obtain proper Disclosure
Failing to adequately instruct/Brief a Barrister Failing to challenge evidence
Failing to advise correctly about the negligence of a previous Solicitor Failing to advise on an appeal on time or at all

As these claims are often complex it is equally important to choose a Solicitor with sufficient knowhow and experience in similar negligence claims against Solicitors to ensure that you receive the right help and guidance and to achieve the best outcome for your case.

Why Us ?

Firstly, we have dealt with these cases successfully before and know what we are doing.  Secondly, in addition to our specialist knowledge and experience we always adopt a personal, friendly and caring approach and are committed to helping people like you. We always put your interests first in trying to achieve the best outcome for you.

It is important to use an experienced team when it comes to making any sort of claim against a Solicitor or other legal professional because these cases are often complex and difficult and the Solicitors and Lawyers’ Insurers will use many legal arguments to challenge your claim. This is particularly the case when the subject matter of the claim is a previous Litigation claim, defence or dispute. When a Litigation claim, defence or dispute claim goes wrong there are often difficult aspects to the case, which led the Solicitor to make a mistake. This gives the Solicitors’ Insurers the opportunity to argue that not only was there no negligence, but also even if there was, your claim or defence would not have succeeded or you would not have obtained the outcome, which you say, was lost by the Solicitor.

Our team specialises in professional negligence claims against Solicitors and other lawyers, which means that whatever type of claim you need to make we can help. All of our current professional negligence cases are against Solicitors and other lawyers.

We have over 25 years experience in pursuing Solicitors negligence claims from all around England and Wales you can feel sure that our team of legal experts can help you get the compensation you deserve.

We have specific experience of pursuing very many successful claims against Solicitors where the Solicitor has lost the Litigation claim or defence or damaged it as a result of their negligence.

In addition to the expertise of our Solicitors we are able to rely upon the additional expertise of specialist Counsel and other experts appropriate for your case, from our contacts built up over many years. We have a lot of experience in complex cases, which means that whether your claim involves Solicitors, Barristers or other legal professionals your claim will be in safe hands.

Costs Involved

When it comes to getting the legal advice and support you need we understand the cost is the last thing you want to worry about! We offer everyone a free assessment over the telephone or via email and will even give you advice there and then if we can! Moving on from that if your claim is good enough we’ll give you no win no fee funding – so you only pay solicitor fees if you make a successful claim and most of your costs can be recovered from the losing party!

What Next ?

With most legal matters It is better to take action sooner rather than later. We know that contacting a Solicitor can create anxiety itself, which is why you can contact us without obligation.

Call us on 0800 043 9981 or dial 0333 577 0172 if calling from a mobile.

complete a free online enquiry or contact us via email on enquiry@matthewwilkinson.co.uk we’ll have a no obligation chat with you about what you need and what you hope to achieve. We’ll happily answer any questions or queries you have and give you advice on how to progress your matter.

You can be sure if you contact us that whatever you ask us to do for you will be handled professionally and efficiently, so you can get the best outcome possible without any of the hassle.

FREE, NO OBLIGATION ENQUIRY

What Our Clients Say

I recommend Matthew Wilkinson Solicitors to anyone who has a claim against another Solicitor. In dealing with obdurate Professional Indemnity Insurers they are very skilled, experienced and tenacious. First Class. Mr H, Somerset.
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