Under-Settling a Personal Injury Claim

Under-Settling a Personal Injury Claim – Has my claim been settled for less than it is worth? Known as ‘under-settling’

Under-Settling a Personal Injury Claim

Under-Settling a Personal Injury Claim

One of the skills of a personal injury lawyer is to assess the value of your claim and to advise how much compensation you are entitled to.   A solicitor under-settling a personal injury claim results in you not receiving the compensation you deserve and should have received. 

There are two separate parts of a personal injury claim which have to be valued:- 

General damages – compensation for pain, suffering and loss of amenity (essentially compensation for the injury itself).   In order to properly assess general damages it is necessary to obtain a medical report.  Your solicitor should always advise you to do this, as without a prognosis from a medical expert there is a risk that you will not receive sufficient compensation.   If your claim was settled without a medical report you could pursue a negligence claim against your solicitor, unless you were advised about the risks of settling without a medical report but went ahead and settled anyway.  

Special damages –   compensation for other losses, such as past and future loss of earnings, damaged clothing, jewellery, help with domestic assistance, gardening, DIY and out of pocket expenses such as travel expenses.  If your injuries are serious then you may be able to claim for adaptations to property, aids and equipment. 

Click here to complete our Professional Negligence Claim Enquiry Form or telephone 01925 937070 to speak to one of our expert solicitors.

We also have a Wigan office which can be contacted on 01942 914004.

Case Law

In a recent case – Proctor v Raleys solicitors – the Court found that an accident victim’s solicitor had under-settled his claim because the solicitor did not take into account that Mr. Proctor was entitled to claim for activities he could no longer carry out, such as gardening, car repairs and DIY, none of which was picked up during an exchange of three letters between the solicitor and Mr. Proctor.  Mr. Proctor, who had been a miner and claiming compensation for vibration white finger, was awarded additional compensation.

Is my solicitor insured against professional negligence claims?

Your solicitor is insured against negligence claims, so if you think that your personal injury claim may have been under-settled we would be pleased to carry out a free assessment to find out if you have a case.   If we think that you have good prospects of succeeding then we will take your case on a No Win No Fee.  Telephone 01925 937070 for legal advice from a solicitor.

Time Limits – Professional Negligence Claims

There are strict time limits in bringing a professional negligence claim, usually it is six years from the date of the negligence.  However this may be extended where the negligence only becomes apparent at a later date known as “date of knowledge”.  It is always best to speak to a solicitor as soon as you become aware of the negligence to ensure that you do not miss the time limit and your claim becomes ‘statute barred’, meaning that your claim is likely to fail as the Defendant will argue your claim is out of time.  Call us today to speak to one our solicitors on 01925 937070 and find out whether you have a professional negligence claim.

Contact us for legal advice

Call Diane Massey on 01925 937070 for a free, no obligation discussion in complete confidence or email diane@dsmlegal.co.uk.

Alternatively you can visit our main professional negligence claim page here to find out what other types of claims you can bring.

Local Solicitors in Warrington, Cheshire

We are solicitors in Warrington and we have clients across England and Wales.  Call us to see how we can help you.

We can also assist with professional negligence claims, wills and probate, oaths, affidavits and statutory declarations, lasting power of attorneyemployment law claims, settlement agreements, personal injury (accident claims including fatality claims), accidents at work, serious injury claims, road traffic accident claims (car accidents), medical negligence claims and criminal injury compensation claims.

Why choose DSM Legal Solicitors?

We specialise in no win no fee agreements.

Read More


What our customers say

Excellent service from beginning to end.  Thank you so much.

Mrs G of Leicester

Case Studies

People just like you

We acted for a client who was a passenger in a motor vehicle, driven by her friend, whilst on holiday in Poland. As they were travelling along the main road,...

Read more

Type of work:

Contact our Solicitors

Get in touch for expert legal advice and assistance.

Request a callback
Call Back Form

DSM Legal Establised 2003 acc_apil

DSM Legal - Cheshire

International Business Centre,
Delta Crescent,

DSM Legal - Wigan (by appointment only)

Unity House,
Westwood Park,


Enter your email to receive latest newsletters and industry updates

All information contained within this website, including fact sheets or template letters, is provided for general information only and is not intended to constitute legal advice. You should contact a solicitor or other legal professional for advice relating to your specific circumstances if you have any questions about any legal matter. DSM Legal accepts no liability for any adverse consequences arising from reliance on this website for legal advice.

DSM Legal Solicitors is regulated by the Solicitors Regulation Authority – number 00346482