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undervalued or under-settled legal cases frequently asked questions

Each claim is different depending on the circumstances of the negligence. As a general rule, your compensation level will at least be equivalent to putting you back in the position had the negligence not happened.
To bring a professional negligence claim, you must be in time, which is known as the ‘limitation period’. Generally, if your solicitor has failed to perform to the professional standards required of them, and you have suffered damage or loss as a result, you have six years from the date of the negligence occurring. This is different to the limitation period for personal injury claims, which is three years. There can be exceptions to this time limit, for example, if you were not aware of the negligence until a later date. However, it is important to seek legal advice as early as possible to avoid any issues with limitation dates.
It is almost impossible to reopen a settled claim, which is why it is very important that a solicitor accurately values the claim at the time it is being run. If your claim is mistakenly undervalued and/or under-settled, you would need to rely on starting a negligence claim against the original solicitors working on the case to get compensated for the mistakes they made.
If your solicitor used the wrong method of valuation, or you were rushed into settling your claim, you may not have known the likely value of the claim, or the implication of early settlement.
  • You were never made aware of the likely value of the claim and the correct approximate settlement sum;
  • You were rushed into a quick settlement by your solicitor;
  • Your solicitor did not take the risk of future complications into consideration;
  • You needed representation through a responsible person (which is called a ‘litigation friend’)
These signs all point to solicitor negligence, and would be grounds to bring a claim for compensation.
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