Liability Denied

If the defendant’s side denies liability, this means that they do not accept that the defendant was responsible for your accident. If your lawyer advises that the defendant’s side is denying liability, the next most likely step in your case is to get supporting evidence on your case to present to the defendant’s side.

Your lawyer will also likely recommend that witness statements are collected from anyone who saw your accident, as well as family members involved in taking care of you because of your accident, and will help you to collect these. 

These statements strengthen your case and can help to encourage the defendant's side to change their position or support you in court if your case goes to trial. 

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  1. Issuing Court Proceedings When Liability Is Denied

    If your lawyer collates all the supporting evidence available and the defendant’s side still deny liability, your lawyer can choose to issue court proceedings on your behalf.

    This can encourage the defendant’s side to reconsider liability and attempt to settle your claim, or will mean that the outcome will of your case will be determined by an appointed judge, if the defendant’s side are unwilling to agree a settlement.

    Your lawyer can also issue court proceedings if they find the defendant's side to be in breach of the civil procedure rules' pre-action protocol for personal injury claims.  This includes instances such as non-response to our attempts to contact them when commencing your claim. 

    Your lawyer will advise if it is appropriate to issue court proceedings in your case.  You can read more in the 'issue court proceedings' and subsequent sections of this guide.

  2. Issuing Court Proceedings When Liability Is Denied

    If your lawyer collates all the supporting evidence available and the defendant’s side still deny liability, your lawyer can choose to issue court proceedings on your behalf.

    This can encourage the defendant’s side to reconsider liability and attempt to settle your claim, or will mean that the outcome will of your case will be determined by an appointed judge, if the defendant’s side are unwilling to agree a settlement.

    Your lawyer can also issue court proceedings if they find the defendant's side to be in breach of the civil procedure rules' pre-action protocol for personal injury claims.  This includes instances such as non-response to our attempts to contact them when commencing your claim. 

    Your lawyer will advise if it is appropriate to issue court proceedings in your case.  You can read more in the 'issue court proceedings' and subsequent sections of this guide.

 

Proceed to Step 3: Seek Evidence

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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