Solicitor Negligence
A claimant in a case based on Negligence, or some other type of civil harm (‘tort’), may settle for less money than the claim is actually worth.
This can happen for a number of reasons and, if the claimant is aware of this, has had the benefit of sound legal advice and has been able to give careful thought to whether or not to settle his claim at less than its true value, then that is a matter for the claimant’s judgement and it cannot be brought back to court simply because the claimant later reconsiders his position.
What if the circumstances are different?
The claimant may not actually be aware of the likely value of the claim or the implications of early settlement when he agrees to settle. The most likely reasons are:
- The claimant has been ‘rushed’ into a quick settlement by his legal adviser;
- The claimant has never actually been advised about the likely value of the claim and what would be an appropriate settlement;
- In advising on settlement, no account has been taken, by the legal adviser, about the risk of future complications which may mean early settlement is not appropriate;
- The claimant does not have the mental capacity to make his own decision about settlement and should have been represented though a responsible person, acting in the Client’s best interests called a ‘litigation friend’.
If you believe that you agreed to settle your Personal Injury claim for less than the true value of the claim and your Solicitor was Negligent, or did not advise you correctly, then contact the Dispute Resolution Team at Jackson Lees Solicitors to see if you may be able to claim compensation from the Solicitor.