Personal Injury Defence Solicitors.
If a personal injury claim is alleged against you or your business, the process of defending it can seem daunting and complicated. The person making the claim will almost certainly be legally represented and so it is important that you also seek advice as soon as possible.
In many cases the provider of your home, pet, 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:
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.
All our personal injury defence lawyers are solicitors with over 10 years post qualified experience.
In many cases the provider of your home, pet, 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
- You have no public liability insurance, employers liability insurance or your business is self-insured
- Your insurance policy has a large excess
- You were uninsured at the time, or the accident type or location is not covered by your insurance
- Your insurance company refuses to act for you or indemnify you
- The injury was allegedly caused by a product you manufacture, sell or supply
- The Motor Insurers Bureau (MIB) have asked that you seek independent representation following a road accident
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.
All our personal injury defence lawyers are solicitors with over 10 years post qualified experience.
Defending a personal injury claim.
It can be difficult to know what to do if a personal injury claim is made against you or your business. Often the first thing you will receive is a 'Letter of Claim' or 'Claim Notification Form' from the claimant's solicitors which gives strict time frames for you to acknowledge the claim and disclose relevant information or evidence.
It's important not to ignore the claim notification and to act quickly, if the deadlines in the claimant's letter are not complied with they may result in court action and costs against you.
You should seek legal advice from a law firm experienced in defending personal injury claims as soon as you become aware of the potential compensation claim as well as reporting it to your insurer (if you have a policy in place). 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 which will need to be investigated.
It's important not to ignore the claim notification and to act quickly, if the deadlines in the claimant's letter are not complied with they may result in court action and costs against you.
You should seek legal advice from a law firm experienced in defending personal injury claims as soon as you become aware of the potential compensation claim as well as reporting it to your insurer (if you have a policy in place). 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 which will need to be investigated.
Types of accident claims that may need defending.
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Cost of defending against a personal injury claim.
Without insurance, you will be exposed to the costs of defending an injury claim which can quickly become expensive if it involves a serious injury or proceeds to a final court hearing. But this cost shouldn't prevent you from robustly defending a claim if you were not fully to blame for the accident or injury. Your legal fees will pale in comparison against the cost of ignoring a claim or not following the correct pre-action protocol or court procedures.
Depending on the specifics and complexity we can provide you with a fixed fee defence for your personal injury claims where you will have certainty of the cost of each stage of your case. The first stage of this is having a solicitor review the specifics of the claim against you, provide a detailed letter of advice and draft a response to any claim notification you have received.
Depending on the specifics and complexity we can provide you with a fixed fee defence for your personal injury claims where you will have certainty of the cost of each stage of your case. The first stage of this is having a solicitor review the specifics of the claim against you, provide a detailed letter of advice and draft a response to any claim notification you have received.
Defence Review and Response
We offer a fixed fee service to review the injury claim (pre-court proceedings), provide a detailed letter of advice and draft a response to the claimant's solicitor.
- Our fixed fee initial advice service includes:
- A review by a personal injury defence solicitor of the correspondence alleging the claim
- Advice on the legal position and what the claimant has to prove to be successful in their claim
- Detail the evidence required to defend the claim
- Explain the process pre and post court proceedings
- Overview on the general cost position and compensation amount that you may be exposed to
- Send a letter of response to the Claimant's solicitor
After our review, advice and response you will be in a position to decide how best to proceed with defending the claim. When a fixed fee may not be suitable for your case, we also offer competitive hourly rates which can be budgeted and paid as and when work is required. We aim to give you clarity of what a full defence will cost, what a suitable settlement may be and your chances of success.
All of our personal injury defence lawyers are PI defence specialists, so ensure you have an expert solicitor handling your injury claim defence.
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 court and legal fees than you have to.
Personal Injury Claim Defences.
As a defendant you may have various areas of defence that may limit a claim against you, for example:
Time Barred - Anyone wanting to claim for personal injury compensation must generally begin court proceeding (issue a claim) within three years of the date of the accident or injury.
Contributory Negligence - The accident was partly caused by the claimant themselves or another party is responsible.
Duty of Care - You had no duty of care towards the person that was injured.
Incident Related - The injuries the person suffered were not directly caused by the accident that occurred.
Should a claim reach court, it is for the claimant and their solicitors to prove that the defendant had a duty of care which was breached, and that this breach resulted in the claimant suffering injuries or losses as a direct result. For more information on the various defences that may limit or avoid a compensation claim, please read our guides below.
Time Barred - Anyone wanting to claim for personal injury compensation must generally begin court proceeding (issue a claim) within three years of the date of the accident or injury.
Contributory Negligence - The accident was partly caused by the claimant themselves or another party is responsible.
Duty of Care - You had no duty of care towards the person that was injured.
Incident Related - The injuries the person suffered were not directly caused by the accident that occurred.
Should a claim reach court, it is for the claimant and their solicitors to prove that the defendant had a duty of care which was breached, and that this breach resulted in the claimant suffering injuries or losses as a direct result. For more information on the various defences that may limit or avoid a compensation claim, please read our guides below.
Further resources on defending a personal injury claim.
Defences to a Personal Injury Claim - There are several lines of defence that a defendant may present that can mitigate or avoid a personal injury damages claim being successfully made against them.
What happens if someone makes an injury claim against you? - The majority of injury claims will be covered by your motor, home or business insurance. But even if you don't have a policy in place there are still options to defend a claim against you.
Defending a dog attack injury case - The Animals Act defines the conditions that a dog's handler or owner (keeper) can be held responsible for the behaviour and damage caused by their dog.
Defending a cosmetic injury claim - If you are a salon owner, tattoo artist or aesthetic practitioner, it can be helpful to learn about some of the common defences that may be able to be raised as a defendant.
What is a Pre-Action Disclosure Application? - If you have received a Pre-Action Disclosure Application (PAD), or been threatened with one, our guide explains the basics of complying.
What should I do if the Motor Insurance Bureau is claiming against me? - If you are an uninsured driver being claimed against along with the MIB, you still have the right to defend the claim and allegations.
What happens if someone makes an injury claim against you? - The majority of injury claims will be covered by your motor, home or business insurance. But even if you don't have a policy in place there are still options to defend a claim against you.
Defending a dog attack injury case - The Animals Act defines the conditions that a dog's handler or owner (keeper) can be held responsible for the behaviour and damage caused by their dog.
Defending a cosmetic injury claim - If you are a salon owner, tattoo artist or aesthetic practitioner, it can be helpful to learn about some of the common defences that may be able to be raised as a defendant.
What is a Pre-Action Disclosure Application? - If you have received a Pre-Action Disclosure Application (PAD), or been threatened with one, our guide explains the basics of complying.
What should I do if the Motor Insurance Bureau is claiming against me? - If you are an uninsured driver being claimed against along with the MIB, you still have the right to defend the claim and allegations.
Defendant Personal Injury Lawyers
While every effort has been made to ensure the accuracy of this website, it does not constitute independent legal advice that is tailored to your individual circumstances. Catalyst Law cannot assume responsibility and do not accept liability for any loss or damage which may arise as a result of your reliance upon it or any of its linked materials. Please read our Terms of Use page for further information. VAT no. 438 1462 92.
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