Undervalued and Under-Settled Claims Solicitors Professional Negligence Claims
If you have suffered a loss through negligent litigation services, when the proceedings have been lost or damaged, due to the Solicitor undervaluing or Under-Settling your case, you will not only have suffered a significant loss but will also rightly feel let down. When things go badly wrong it can be very traumatic and stressful and it can seem very difficult and daunting to obtain legal redress for your loss, particularly when your Solicitor is the one to have caused you the loss.
If you have pursued a Civil or Family or other claim through a Solicitor and have not recovered the full amount, which you ought to have recovered, you may have suffered a significant loss, caused by the negligence of your Solicitor.
The valuation of a claim is an important part of a Solicitor’s role and is an integral part of their advice concerning the merits, risks, viability and economics of a case.
An undervalued claim will often lead to either a case not proceeding when it should have done, or the case settling at an undervalue, so that the Client achieves an Under-Settlement.
It is important to realise that not every apparent Under-Settlement is in fact an Undervalued case and that a Negligent Under-Settlement requires there to be a significant difference between what was achieved and what ought to have been achieved. The Courts will take into account the pressures and risks alive at the time of settlement and only determine a settlement as Negligent if it falls outside what could have been achieved by a reasonably competent Solicitor, taking the circumstances of the case into account.
There are unfortunately still many examples of cases undervalued and Under-Settled, where the Solicitor has been negligent, causing the Client a loss. This can occur where the Solicitor ignores some important heads of loss, or uses the wrong means of calculation, or makes an error in the figures, or fails to take note of the true extent of your injuries or losses, or has ignored evidence supporting a greater value, or has negligently failed to obtain proper evidence in support of the true extent of your losses.
In Family cases it can occur when you are given the wrong advice about the assets or values to be taken into account or as to the proper basis for division.
In an Employment case it can occur when the Solicitor negligently under-assesses the period of loss, or, over- assesses any reduction in compensation.
In Professional Negligence cases (against a Solicitor or any other Professional) it can occur when the Solicitor uses the wrong method of valuation or incorrectly assesses any discount for loss of chance.
In a Solicitors Negligence case based on the loss or damage to a previous case, it can occur when the Solicitor incorrectly assesses the value of the original case.
In any type of case it can also occur where the Solicitor allows too much discount for the other side’s evidence or arguments, or over-estimates the weaknesses of your case, or the strengths of the other side’s case.
In all of these circumstances where the Solicitor has been negligent, we are confident that we can help you obtain proper redress and compensation for your loss in a professional negligence claim against your Solicitor.
Although there are several types of case where the claim could be settled at an Undervalue as a result of your Solicitor’s Negligence, leaving your case Under-Settled and causing you a significant loss, the most usual types include:
|Failing to value your case correctly||Failing to seek and obtain adequate evidence in support of all of your losses|
|Failing to take adequate instructions about your losses||Over estimating the risks in your case|
|Failing to take adequate instructions about your assets or the other side’s assets||Under estimating the merits/strengths of your evidence and arguments|
|Over estimating the strengths of the other side’s case||Failing to include all heads of loss|
|Under estimating the risks of the other side’s case||Failing to calculate your losses correctly|
|Under estimating the strengths of your case||Using the wrong values or the wrong method of valuation|
|Failing to seek and obtain adequate evidence in support of all relevant assets||Over estimating the strengths of the other side’s evidence and arguments|
|Advising you not to proceed due to a negligent low valuation||Failing to use the correct date of valuation|
|Over allowing for reductions or discounts in the calculation of damages||Failing to adequately assess the value of a previous case|
|Making an error as to the application of a relevant law to the merits or valuation of your case||Failing where appropriate to adequately assess the correct loss of chance|
|Failing to take account of Interest which should be claimed||Failing to advise in time about the negligence of a previous Solicitor about the Undervaluation or Under-Settlement of a case|
As these claims are often complex it is 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 important when the subject matter of the claim is Litigation services. When there is an apparent Under-Settlement there are often difficult aspects to the case, which led the Solicitor to undervalue the case. 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 this type of claim having successfully pursued very many claims against Solicitors in respect of negligent Litigation Services. We can also draw on our extensive experience of dealing with Litigation.
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.
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.
or contact us via email on email@example.com 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.