If a personal injury claim is made against you or your business it can be difficult to know the steps you need to take to defend it.
In many cases the provider of your employers or public liability insurance will handle the legal process but in some circumstances you may be left to deal with defending the PI claim yourself. Common scenarios are:
You are an individual and not a business
Your business is self-insured
Your insurance policy has a large excess
You are uninsured or not covered by your insurance
Your insurance company refuses to act for you
In any of the above situations we can assist you in defending a claim by advising you on tactics and prospects, drafting a defence or representing you in court.
Guide to defending a personal injury claim in the UK.
You should seek legal advice as soon as you become aware of a potential compensation claim against you as well as reporting any claim to your insurer. Often early intervention by a solicitor can ensure you gather the appropriate evidence needed to defend the claim and potentially avoid court proceedings being brought against you.
Depending on the circumstances of the injury you should begin compiling evidence at the first opportunity. Make a written account of your recollection of the accident, take copies of any related records (CCTV, accident book etc.) and details of any witnesses. If machinery or equipment was involved then secure details of when it was purchased and last serviced. If the accident occurred in a specific area then take photos to provide an accurate record of its condition.
A solicitor can also advise you on prospects and liability (fault), as another party may have contributed to the cause of the accident.
Types of accident claims that may need defending.
Non-fault accidents on business premises or private land
Slipping or tripping accidents in public areas
Tenants claiming injury due to landlord’s property defects
Claims relating to road traffic accidents
Dubious or fraudulent claims
Cost of defending a personal injury claim.
Defending an injury claim can be expensive, especially if it involves a serious injury or court proceeding are issued. But this cost should not prevent you from robustly defending a claim if you were not fully to blame for the injury.
Depending on the specifics and complexity we will provide you with a fixed fee defence where you will have certainty of the cost of each stage of your case. We aim to give you clarity of what a full defence will cost, what a suitable settlement may be and your chances of success.
When we defend businesses and individuals against compensation claims we always approach them with your best interests in mind. If commercially and tactically the best outcome is to negotiate an early or pre-court settlement then this is what we will advise, preventing you incurring more legal fees than you have to.
'No Win No Fee' subject to entering into an agreement with a suitable insurance policy and complying with your responsibilities under its terms.