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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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My wife used to run a Beauty Salon since 9 years and

Customer Question

Hi,My wife used to run a Beauty Salon since 9 years and recently when she was away on holiday one of her employee did a eyebrow tint without patch test and unfortunately the colour gave a reaction to customer and skin got swollen a bit but she was completely fine after 4 days.
Customer approached a lawyer and filed a personal injury case against our limited company. My wife approached a insurance company but they rejected a claim as our employee didn't follow process of patch test.
The other lawyer gave my wife so much stress claiming £30k. My wife was hospitalised coz of anxiety and stress and unfortunately she passed away.
My question is can I use a law firm and lawyer who gave stress to my wife and became reason for her death?
Thanks
Submitted: 1 month ago.
Category: Scots Law
Expert:  JGM replied 1 month ago.

I am a solicitor in Scotland and I am sorry for your loss and the circumstances. However, you can’t sue a lawyer for pursuing a claim against your wife on behalf of a client. A solicitor pursuing a case for someone is entitled to communicate the claim and take it to court or whatever has to be done. Unless the solicitor acted in a way that no other solicitor would have done then you don’t have a claim I’m afraid.

Customer: replied 26 days ago.
Hi,
Thanks for your reply.
I understand that I can't sue a lawyer because she was doing her job, but can I file a lawsuit against client who gave instructions to lawyer? I don't want to sue anyone for money. I am concerned as how could someone give so much stress for the sake of money. Small accidents happen and this is allergic reaction and not life threatening. But this became reason for my wife's death.
Expert:  JGM replied 25 days ago.

No, in my opinion you can’t. It is not reasonably foreseeable that if you pursue a civil claim the person will die as a result. You would not succeed on causation and foreseeability I’m afraid.