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.

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
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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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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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Directions Given

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

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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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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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Negotiation

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

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Check Evidence

Your lawyer will check received evidence for accuracy and legitimacy.

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Seek Evidence

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

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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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Liability Accepted

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

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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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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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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.

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