A legal expert has moved to demystify the process of making a professional negligence compensation claim, following a report which found that more than half of people questioned do not know what to do if they are unhappy with the legal service they receive.
Personal injury professional negligence expert Belinda Goodwin said the recent Ministry of Justice research indicated there are a number of issues which either prevent or discourage dissatisfied clients from making their complaint formal.
The survey - conducted to provide information about consumers' experiences using legal services - looked at issues including consumer confidence, the standards of service they received, any problems they experienced and their knowledge of how to complain.
"First and foremost is the issue of confusion," said Belinda, an Associate with Fentons Solicitors LLP. "The legal system can be difficult to navigate even for professional lawyers, but to the 'man on the street' the procedures and processes can seem unclear and quite daunting."
Belinda said while some examples of professional negligence were obvious, such as missing important deadlines or failing to ask for the right information to prove a case, there were many others that claimants may not know.
"A quarter of those questioned said they believed pursuing their claim had taken too long," said Belinda, who has more than 20 years' experience as a lawyer. "As someone who regularly deals with professional negligence claims, this is a common complaint."
"In many cases the length of time could be quite normal for their type of claim," she said, "but the length of time a solicitor takes to settle could also sometimes indicate a lack of relevant experience and therefore ability to successfully pursue that claim.
"In some circumstances, a long and drawn-out claim can lead to a reduced settlement figure," said Belinda. "It's not uncommon for clients who suffer an injury to accept a lower offer simply because they have grown tired of waiting for the case to end.
"This is perfectly understandable, but if the solicitor's actions or inaction are the reason a claimant accepts an offer much lower than what they could have realistically expected, there could be a professional negligence case to answer," she said.
Whilst not specifically mentioned in the survey, Belinda said that another complaint in personal injury cases is that compensation does not reflect the severity of the injuries and associated costs, such as the required future care, loss of earnings, appropriate aids and equipment and alterations to the home.
"However, just because a claimant believes they have not been awarded enough money does not necessarily mean there has been any negligence," she said. "The circumstances of every case will be different, and a professional negligence expert will be able to advise you if they believe your case has not been handled correctly.
"There are many other reasons someone may have been dissatisfied with the service they received," said Belinda. "For example I have dealt with a number of cases where clients have felt their solicitor did not ask for the correct medical evidence to support their claim, such as in a brain injury case where the solicitor might fail to investigate the risk of epilepsy and their client goes on to develop the condition after agreeing a settlement.
"Another common concern is when clients ask a question of their solicitor but don't receive an answer. It is possible that if you are only receiving limited information from your solicitor you might be getting a lower level of service," she said.
The research showed that while 10 per cent of those questioned had experienced a problem with a legal service, only 2 per cent had made a formal complaint, and 55 per cent were unsure how to complain.
Belinda believes one of the reasons people choose not to make their complaints formal is that they like their lawyer. "It's important to remember that this is nothing personal," she said. "You might have been friendly with your solicitor, but if they have made a negligent mistake to your cost, they should be held to account.
"The principle is the same as if you've been involved in a rear-end shunt," she said. "The solicitor is the driver behind you - it is down to them that you are out of pocket. A professional negligence claim is handled by the solicitors' insurers, just like it would be if they'd bumped into your car."
Belinda said making a claim for professional negligence was nothing to be afraid of. "You will have not to start again from the very beginning," she said. "Whilst it is a little more complicated, we just need to establish what would have been the likely outcome the first time round, if your solicitor had conducted the case correctly."
How can Fentons Solicitors help?
Fentons has an experienced, specialist department to help you through the process of making a professional negligence compensation claim as quickly, simply and problem-free as possible.
For a free, no obligation discussion about the circumstances of your case, contact Belinda Goodwin on 0161 238 6521, or e-mail belinda.goodwin@fentons.co.uk.
Source - Ministry of Justice
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