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Claims Process – Professional Complaints-Compensation


Compensation

Gaining compensation against a professional is often much more complex than a personal injury claim. In the case of a complaint against a solicitor, the following apply;

Solicitors

Professional Negligence

The court has the power to award unlimited compensation based around the severity of the claim, as well as making a finding of legal liability; however you are unlikely to receive any kind of compensation for distress or any inconvenience caused by the negligence. This will change if the claim is made against a personal injury lawyer who has been found guilty of negligence. In this case any associated elements associated with the initial injury may also be compensated.

There are various time constraints and limitations involved in these cases. You usually have 6 years to submit a complaint from the time when you deem the solicitor to have been negligent. However if you are claiming against a solicitor that was negligent during a personal injury claim, you then have 9 years to make a claim against them.

Poor Service

In these cases, the maximum compensation reward is £15,000, assuming the complaint is upheld by the Legal Complaints Service. There are limits associated with this that will be detailed below, however all Poor Service complaints must be made through the Legal Complaints Service.

In terms of limitations, if you intend to make a complaint against a solicitor, you must first submit a letter of complaint to that solicitor and allow them 28 days to respond. If the response is not received or is unsatisfactory, then you must contact the Legal Complaints Service. The complaint must be received within 6 months of the ending of your dealings with the solicitor.

Professional Misconduct

These cases are dealt with by the both the Legal Complaints Service and the Solicitors Regulation Authority. In these cases, an award of compensation can be made up to £1,000,000, depending on the level of misconduct.

In terms of limitations, if you intend to make a complaint against a solicitor, you must first submit a letter of complaint to that solicitor and allow them 28 days to respond. If the response is not received or is unsatisfactory, then you must contact the Legal Complaints Service. The complaint must be received within 6 months of the ending of your dealings with the solicitor.

In cases where the solicitor has committed a number of these acts, the client then has to use their judgment as to which type of claim to pursue. Claim Time will endeavour to offer the best possible advice in relation to this.

Medical Professionals

Cases against medical professionals are much more straight forward in this respect, with similar compensation packages as a personal injury. The compensation can be split into 3 sections;

Initial Compensation

This is the compensation that you receive for the injury itself. This will usually constitute the bulk of the compensation that you receive, and will be a direct sum based upon the severity of the personal injury.

Supporting Compensation

This area of compensation relates to any aftercare or rehabilitation that the injury requires. For example, if your injury requires you to have 24 hour care, the supporting compensation will be an agreed amount to take care of this. It generally takes the form of rehabilitation and treatment costs, so it could be anywhere within a wide range of sums depending on the severity of the injury.

Expenses

This area of compensation covers a number of areas, such as loss of earnings from being unable to work; care required during this period and most importantly any specialist medical treatment of equipment that is required to enable you to deal with the injury. Again this can be within a large range depending on the severity of the injury. Catastrophic Injuries tend to see large amounts of expenses recuperated.

There are also additional areas of compensation, such as potential psychological damage that the incident has caused, as well as compensation for possibly having to give up a job you enjoy due to your injury.

There is a time limit for making a claim, after which it becomes very difficult to gain compensation. The usual limit is for the claim to have begun within 3 years of the initial injury. Claims related to aviation must be made within 2 years and claims made for injuries suffered while abroad must be made under the jurisdiction of the country in which the injury occurred.

Each case is unique and all are on a “No Win, No Fee” basis, so Claim Time work around the clock to ensure that you receive the best compensation package for your personal injury. It doesn’t stop there though, as we provide a comprehensive Aftercare program to ensure that you have all the advice you need to move forwards with your life.

No Win, No Fee policy is valid in all instances except in MIB and CICA claims.
Claim Time Solicitors is regulated by the Solicitors Regulation Authority, with the Solicitors' Code of Conduct 2007 applying to us. For more information go to http://www.sra.org.uk
Claim Time Solicitors is an accredited member of The Law Society, ID No. 444171. For more information go to http://www.lawsociety.org.uk

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