Miners sue law firms for professional negligence
Oldham law firm Mellor Hargreaves has confirmed this month that they will be representing a group of 300 ex-miners bringing a professional negligence claim against their former solicitors. The group claims that their legal team was negligent when fighting to get them compensation for work-related health problems under the government’s coal health compensation scheme. The 300 ex-miners in question are just a few of the almost 180,000 former miners who claimed using the scheme, citing health problems such as lung diseases and white finger vibration, a form of nerve damage caused by the heavy machinery used in the mining industry. Almost half of claimants were entitled not only to accident at work claims for their ill health but also to further compensation, called “services damages”, intended to fund help with everyday tasks such as cooking, DIY and gardening. Many feel that in not claiming these services damages from the mining companies, their solicitors did not win them the full amount they were entitled to, and were therefore negligent.
Poorly prepared
In response to the emerging professional negligence claims, Leeds County Court has put together an official procedure for miners who want to sue their previous solicitors for not claiming for services damages. It is alleged that the government’s announcement of the compensation available for miners created a rush of work for ill-prepared solicitors’ firms, for whom the cases quickly became routine. In many cases it is also alledged that these solicitors saw little of their clients and merely sent them paperwork, maximising efficiency and earning substantial costs from each accident at work claims, but often neglecting their clients entirely.
In every sector
Professional negligence claims such as these have become increasingly common in recent years, possibly due to a more widespread awareness of the duties of professionals to their clients. Following the explosion of medical negligence claims against neglectful doctors, surgeons and GPs, the British public are more widely aware than ever of their rights regarding dealings with professionals. It is now understood that when a professional, in any field, claims to have specialised knowledge and offers a service on this basis, if their judgment proves to be poor and it causes harm – whether financial, emotional or physical – to their client, that client deserves compensation.
Claims have been successfully brought not only against solicitors and doctors, but also surveyors, estate agents, accountants and patent agents – and indeed against many other professionals whose negligence betrayed the trust of clients and customers. Professional negligence claims offer a measure of financial protection for those who feel that they have been let down by people they trust to provide them with a high quality and professional service.
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