My solicitor missed the deadline…

I am concerned that my solicitor may not be being fully transparent with me. I have a personal injury claim that has been ongoing since January 2023.

The solicitor, who was appointed by my insurer, has recently informed me that they failed to issue the claim at court within the required time limit. They have said they are working to resolve the issue and that I should not be concerned. However, I am worried that this may be a more serious problem than they are suggesting and wondered what I can do?

David, by email

Answer

In most personal injury claims arising from road traffic accidents, court proceedings must be issued at court within three years of the date of the accident. Therefore your claim should have been issued back in January at the latest. If the deadline is missed the claim generally becomes “statute barred,” meaning it cannot proceed unless the defendant agrees not to take the point or the court grants special permission.

Failing to issue proceedings within the limitation period is prima facie negligence on the part of the solicitor. Your solicitor may be attempting to persuade the Defendant to allow the claim to proceed despite the missed deadline, but that is unlikely to succeed.  The appropriate remedy is for a Claimant to pursue a professional negligence claim against the law firm for the lost chance of a successful claim.

You should obtain independent legal advice about bringing a professional negligence claim and you should be able to pursue it on a no-win, no-fee basis.