Liability Accepted

If the defendant’s insurer accepts liability on their client's behalf, it means that they are assuming legal responsibility for your accident and injuries.  An admission of liability is a crucial (although not always necessary) stage in resolving a case. Once liability has been admitted, the case can proceed to settlement.

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  1. Causation

    In some cases, a defendant’s insurer will agree that liability is accepted, save for causation. This means that the defendant requires evidence, usually medical, that your injuries were as a result of the accident. The defendant is not disputing that the accident occurred, or that their actions were responsible for it, but they require that you prove the injury you have is as a result of the accident.

    If liability is admitted save for causation, your lawyer will arrange for the necessary evidence to be collated and submitted to the defendant’s insurer, so that the case can be settled.

  2. Liability Accepted With Other Stipulations

    Liability can be accepted with other stipulations, the most common being contributory negligence, where the defendant agrees they were the cause of the accident, but that you have contributed to your accident. For example, if you have had a slipping accident while wearing shoes with no grip, the defendant’s insurer may suggest your footwear was partially to blame for the accident.

    If a defendant’s insurer requests that you admit some contributory negligence in a case, your lawyer will advise you if this is appropriate. If it is appropriate, the level of contributory negligence must be agreed by both sides. For example, if you accept 25% contributory negligence, then you will receive 75% of the total agreed compensation amount.

    Your lawyer may not agree, or may feel that the proposed level of contributory negligence should be reduced. Your lawyer will advise you if this is the case, and negotiations will take place.

Proceed to Step 3: Seek Evidence

Case Taken On Letter of Claim Sent Liability Accepted Liability Denied Seek Evidence Check Evidence Negotiation Case Concluded Issue Court Proceedings Directions Given Case Management Conference Joint Settlement Meeting Court Case Settled
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Case Taken On

This stage will encompass your initial discussions with JMW about your case, and assessing your suitability to claim.

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Letter of Claim Sent

This stage confirms in writing the case, injuries and financial losses you have suffered.

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Liability Accepted

If the insurer accepts liability, the case can proceed to a monetary settlement.

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Liability Denied

Denial of liabilty means the most likely next steps include gathering supporting evidence to present to the defendant.

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Seek Evidence

Gathering of evidence is essential whether or not the defendant denies responsibility or not.

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Check Evidence

Your lawyer will check received evidence for accuracy and legitimacy.

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Negotiation

Negotiation of your case, based on the evidence presented from both sides.

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Case Concluded

Your case will conclude with the presiding judge making a decision on whether your claim has been successful or not.

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Issue Court Proceedings

Usually, your lawyer will advise that it is appropriate to issue court proceedings on your case if it has reached an impasse or because your claim needs to be protected.  

 

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Directions Given

Claimants and defendants are both required to directions to the court about how the case will progress.

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Case Management Conference

Once court proceedings have started, a case can have one or more case management conferences at any point before it reaches trial.  

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Joint Settlement Meeting

In some circumstances we may need to hold a joint settlement meeting to reach a final settlement on your case.

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Court

At this point we prepare all evidence for your court hearing.

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Case Settled

At this point you could choose to accept the defendants offer or not.

Joint Settlement Meeting Case Management Conference Directions Given Issue Court Proceedings Case Concluded Negotiation Check Evidence Seek Evidence Liability Denied Liability Accepted Letter of Claim Sent Case Taken On Court Case Settled
Information

Joint Settlement Meeting

In some circumstances we may need to hold a joint settlement meeting to reach a final settlement on your case.

Information

Case Management Conference

Once court proceedings have started, a case can have one or more case management conferences at any point before it reaches trial.  

Information

Directions Given

Claimants and defendants are both required to directions to the court about how the case will progress.

Information

Issue Court Proceedings

Usually, your lawyer will advise that it is appropriate to issue court proceedings on your case if it has reached an impasse or because your claim needs to be protected.  

 

Information

Case Concluded

Your case will conclude with the presiding judge making a decision on whether your claim has been successful or not.

Information

Negotiation

Negotiation of your case, based on the evidence presented from both sides.

Information

Check Evidence

Your lawyer will check received evidence for accuracy and legitimacy.

Information

Seek Evidence

Gathering of evidence is essential whether or not the defendant denies responsibility or not.

Information

Liability Denied

Denial of liabilty means the most likely next steps include gathering supporting evidence to present to the defendant.

Information

Liability Accepted

If the insurer accepts liability, the case can proceed to a monetary settlement.

Information

Letter of Claim Sent

This stage confirms in writing the case, injuries and financial losses you have suffered.

Information

Case Taken On

This stage will encompass your initial discussions with JMW about your case, and assessing your suitability to claim.

Information

Court

At this point we prepare all evidence for your court hearing.

Information

Case Settled

At this point you could choose to accept the defendants offer or not.

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