Professional negligence in serious injury claims

When serious injury compensation falls short

Serious injury compensation should provide for every aspect of long-term need. Problems often arise where advisers fail to assess those needs properly, leaving gaps in funding for:

• Replacement of lost salary and benefits, including pension.
• Ongoing care and case management.
• Specialist therapies and rehabilitation.
• Adapted accommodation or future housing needs.
• Mobility aids and assistive technology.
• Medical treatment and support services.
• Contingency planning as needs change over time.

In some cases, settlements are reached too quickly or without adequate expert evidence. In others, a reasonable settlement is achieved but the funds are later invested inappropriately, eroding their value.

Either scenario can leave individuals under significant financial strain.

What needs to be proven in a professional negligence claim

To succeed in a professional negligence claim, three elements must be established:

1. A duty of care:
   This usually exists where you, or someone acting on your behalf, instructed a professional to handle your serious injury claim or advise on the management of your compensation.
2. A breach of that duty:
   The professional’s conduct must have fallen below the standard reasonably expected of a competent practitioner in their field.
3. Loss caused by that breach:
   In serious injury cases, loss most commonly arises because the original compensation was insufficient to meet long-term needs, or because funds were mismanaged after settlement.

Our role is to analyse what should have happened, compare it to what actually occurred, and identify whether the shortfall is legally recoverable.

How we assess what went wrong

Professional negligence claims in serious injury cases require careful reconstruction of historic decisions.

Our specialist team will:

• Review how the original claim was prepared, valued and settled.
• Examine whether appropriate expert evidence was obtained.
• Analyse whether changes to a client’s earning ability and their associated benefits, long-term care, accommodation, rehabilitation and future risks were properly considered.
• Assess whether investment decisions were suitable for lifelong needs.
• Identify evidential gaps and explain their significance.

Where appropriate, we work alongside colleagues with expertise in serious injury and financial management to ensure the assessment reflects the true long-term impact of the injury.

Recent examples of our work

Our experience includes:

• Recovering a settlement in excess of £1 million where catastrophic injury damages had been entirely exhausted due to failures in safeguarding compensation and securing appropriate oversight.
• Securing a settlement worth many millions of pounds where a serious injury claim was grossly under-settled after advisers failed to recognise deteriorating psychiatric injury and obtain proper expert evidence.
• Achieving a multi-million-pound recovery after financial advisors negligently invested settlement money in a high-risk fund.

In each case, the outcome restored financial stability and allowed long-term care and support to be properly planned.

Why choose Hugh James

• Our professional negligence team is tier 1 ranked in the Legal 500 and specialise in complex claims involving under-settlement of serious injury claims and mismanagement of settlement funds.

• We closely collaborate with other specialist teams within Hugh James who understand the lifelong impact of serious and catastrophic injuries.
• We have a proven track record of recovering substantial additional compensation where claims have gone wrong.
• Top-tier rankings in independent legal directories.
• We provide clear, practical advice for individuals and families already dealing with the consequences of serious injury.

We recognise how devastating it can be to discover that compensation you relied upon may be inadequate or wrongly invested. Our approach is measured, transparent and focused on achieving a result that reflects your real needs.

Next steps

If you believe your serious injury compensation no longer reflects your needs, we can assess what went wrong and explain your options.

Where issues relate to capacity, deputies or protected parties, our Court of Protection professional negligence service may also be relevant. We can guide you to the appropriate advice.

Contact us to discuss your situation in confidence.