Solicitor Negligence – A Miner and underpaid compensation
When it comes to professional negligence, it’s easy to forget that solicitors can also end up causing their clients financial loss. When you are putting forward a claim, you trust your solicitor to provide you with the best possible legal advice, and when they do not observe this professional duty they need to be held to account.
A case of solicitor negligence recently came to light, where a former coal miner won a case against his previous solicitors who negligently provided him with advice that led him to abandon part of his claim.
Mining is undoubtedly a hazardous occupation –Inhalation of dangerous materials, injury from equipment or vibration white finger are among the more common claims, and it’s down to solicitors to ensure that when accidents happen, miners are awarded the proper compensation to help them cope with the aftermath.
Missing out on a services claim
Former coal miner Ronald Barnaby developed vibration white finger from his workplace and sought compensation under the government’s coal health compensation scheme. Part of this claim also included a ‘services claim’ which covers any assistance he might need for every day household tasks. Vibration white finger (or Hand Arm Vibration Syndrome) causes loss of sensation in the fingers and can be a debilitating disease.
During the claims process, Mr Barnaby’s solicitors advised him that he should not pursue the services claim. Unfortunately, this resulted in an under settlement of his claim for compensation. The solicitors who provided him with this advice were found to be negligent. The claimant had not been properly advised as to the value of his services claim and the likelihood of success. At the end of the case it was determined that had he been given more advice about the services claim, he would have pursued this too.
Solicitors have a duty of care towards their clients and, if their actions or advice lead to financial loss, it is possible to claim solicitor negligence compensation. Redress law are experts in solicitor negligence claims. If you believe you have lost out through bad advice from a solicitor, get in touch to see how we can help.
