What Happens When Liability is Denied?

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

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 - we 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.

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, if the defendant’s side are unwilling to agree a settlement, the outcome of your case will be determined by an appointed judge.

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 not responding to attempts to contact them when starting a claim.

Your lawyer will advise if it is appropriate to issue court proceedings.

Not Satisfied With Your Solicitor?

If you are not satisfied by how the law firm you have appointed is handling your case, we offer a “Check My Claim” service so you can get a second opinion on the service you are receiving from your current solicitor.

We can check your claim if:

• Your case has been mishandled or progress has taken too long
• You have been told your claim is not worthwhile pursuing
• You are not happy with the amount of compensation you have been told you will receive
• Your solicitor has settled your case on a lower amount of compensation that you feel you deserve

For more information on how you can switch solicitors, take a look at our dedicated page.