Law firm found to be Professional Negligent in Vibration White Finger claims

November 26, 2013 | Comments Off

Mining Equipment

In a second of its type an ex-miner has won a claim for VWF damages that his former solicitors failed to recover.

Earlier this month Raleys Solicitors were successfully sued after a judge assessed that a client’s case had been dealt with without face-to-face meetings and the extent of the case had been misjudged.

The firm had settled a claim of £11,141 for the ex-miner, who lives near Leeds, in general damages and loss of future earnings after he developed vibration white finger. However, damages for the difficulties he had as a consequence of that condition, a services claim, were not taken into account.

As a result of VWF, an industrial disease caused by the prolonged use of vibrating machinery during 19 years as a miner, the ex-miner struggled with tasks such as gardening, car repairs, decorating and DIY.

At Leeds County Court Judge Gosnell, who awarded the previous first of its kind win, said that the client may not have fully understood how the system operated and what claims he was entitled to make due to the firm relying on questionnaires and standard letters. These internal systems allowed Raleys to deal with a high volume of claims and are believed to have settled 12,297 VWF compensation claims.

He added that in his view it was ‘not too much to ask’ that the solicitor directly consult with the client to advise him in layman’s terms what a services claim was and whether there were grounds for it. The ex-miner was awarded £5,539, half of the sum he would have been entitled to if the services claim had been made.

Jordans Solicitors, based in West Yorkshire, are working with law firm Mellor Hargreaves, who won the case for the ex-miner, under the name Miners VWF Compensation Consortium as thousands more former miners could be entitled to a further amount of compensation.

If you believe your claim for VWF was not dealt with correctly contact us on 08000 839 736 or 01226 334455 as such claims are subject to time limits. Call in to one of our offices in Casleford, Dewsbury, Horsforth or Wakefield to arrange an appointment with a dedicated VWF and Professional Negligence solicitor.

Click here to read the full judgment Proctor V Raleys.
Click here to read our article on the first win.