The Court of Appeal has upheld a personal injury solicitor professional negligence claim after finding that the firm concerned made no effort to ensure that its client was compensated for loss of earnings or loss of services in his industrial illness claim.
Those present heard that the Yorkshire-based firm at the heart of the personal injury solicitor professional negligence claim was instructed to help a former miner seek damages for Vibration White Finger (VWF) caused by the use of excessively vibrating tools.
However, the judge hearing the case at Leeds County Court ruled that the firm failed to uphold several of its duties and instead offered “commoditised” advice that failed to take account of the client’s specific needs by simply offering questionnaires and standardised letters. The firm tried to defend itself, arguing that financial constraints made it inevitable that all claims had to be commoditised to some extent.
Despite this, Lord Justice Tomlinson said that the personal injury solicitor firm could have taken more steps to establish the precise and full details of the man’s claim.
“The solicitors were dealing with a client who could fairly be regarded as unsophisticated in the relevant field,” said the judge, in a ruling made last month.
Adding, “The written advice given to him was unclear, and there were clear indications that it may not have been understood. It is not asking much of a solicitor in such circumstances to make sure that his client understands the opportunity apparently being passed up.”
If you believe that the negligent actions of a personal injury solicitor have caused your claim for compensation to be undersettled, click here for more information from London and Brighton based professional negligence lawyers Healys LLP.