A Case of Solicitor Negligence - Unfortunate Mike
From time to time we all struggle to complete our personal ‘to do’ lists. Whether it’s painting the shed, writing a thank you card, getting fit or… in my case…. all 3! But for a professional, the results can be much more serious than carrying a spare tyre or having a rotting shed. I’m dealing with a case at the moment that really highlights the importance of solicitors sticking to court deadlines and keeping on top of their professional ‘to do’ lists.
I’ll call my client Mike and Unfortunate could well be his second name. Poor Mike was the innocent victim of a violent and unprovoked assault on the way back from the pub. He suffered numerous injuries, the worst of which was a broken ankle which required no fewer than 3 lengthy and painful operations.
Unfortunately, despite the best efforts of his medical professionals, Mike found that the pain in his ankle was not improving, so much that he could not work any more. Mike was diagnosed with what is known as a Complex Regional Pain Syndrome, a chronic disease whereby persistent pain affects a limb and often the skin becomes very sensitive. Sometimes even the slightest movement or touch can result in severe pain. The symptoms can be very debilitating and difficult to treat.
Prior to the incident Mike was very active, being a keen footballer and surfer. He is now almost bed bound as any movement causes him severe pain. He is unsure whether he will ever be able to work again and his devoted wife provides around the clock care for him and also has to look after their young son. Imagine the possibility of never being able to do any of the activities you used to love or play in the park with your child? Understandably Mike has suffered from depressions as a result.
Missed deadlines
Mike made a claim for criminal injuries compensation and his previous solicitors were required to submit medical evidence concerning the CRPS by a certain date. They were also required to provide full calculations of his loss of earnings and other financial losses.
Unfortunately, the solicitors failed to take the steps ordered by the court. They missed the deadlines and when the case came before the court, it was struck out because of non compliance with court orders. Mike lost the opportunity to claim for his loss of earnings, loss of future earnings and care. Mike was devastated, not only by his condition but because his solicitors’ negligence had caused him further loss.
Mike approached us for advice on a solicitor negligence claim against his former solicitors. I advised Mike to sue his solicitors for negligence as they clearly failed to act with proper care and skill. They may have assumed the court would allow some leniency towards missing deadlines (sometimes courts do) but the court was unimpressed in this case and their negligence cost Mike his claim.
Fortunately, although the case was struck out, all is not lost. I have assured Mike that I will work my hardest to get him the compensation that he should have received in the first place – and of course to make sure that we stick to any court deadlines!
We see many cases that involve missed deadlines or missed limitation dates. Sometimes it is through failing to have a proper system to diarise dates and sometimes it is through simple negligence. Solicitors and other professionals have a duty to keep to deadlines in their professional life, whatever the state of their own personal ‘to do’ lists!
Professional negligence claims should be brought within 6 years from the date that the negligence occurred or the date the negligence became apparent. The best course of action is always to bring any action as soon as possible so as to avoid any limitation deadlines.
If you think you may have been the victim of solicitor negligence, get in touch our friendly team today to find out what action we can take to help you get the compensation you deserve.
