When you instruct The Injury Lawyers to deal with your claim, you have every chance of being successful in recovering compensation. This is for a number of reasons which I will go on to discuss in this blog.
Unfortunately it can be quite common for the opponent to try and defend the claim, so it doesn’t come as a surprise to us when we see an insurer denying liability for a case we have submitted to them.
First of all, we are a firm of Personal Injury specialists dealing solely in Personal Injury claims. We deal with all the major types of claims, from trips/slips, road traffic accidents, accidents at work; to the more obscure claims of accidents involving animals, disease claims, accidents abroad, accidents when embarking/disembarking vehicle (an aircraft for example) etc.
Secondly, we would not have taken your claim on in the first place if we did not think that you had prospects of success. We normally work on a No Win No Fee basis, which ultimately means we only get paid for our work if we are successful in recovering compensation for you. As such, we’d only take the risk of your case on if we thought we could win it.
So what happens if we take your claim on and the Defendant denies liability? First of all we understand that this is frustrating. We will of course consider the denial and look whether there is any substance to it. We will not simply accept the denial and end the case. You will have the opportunity to respond to the denial decision as well. Your response to the denial will be important as this will formulate (or partly formulate) our response to the Defendant.
We will likely request disclosure documentation (or hard evidence) in relation to the case. Sometimes a Defendant can deny liability and produce a one page document to support their denial. We would request a full copy of the document in addition to other relevant documentation, so that we can assess liability ourselves. The Defendant is not permitted to be selective in their disclosure where it is relevant for the case. If disclosure documents are not provided by the Defendant we can ultimately apply to the Court for an Order which forces the Defendant to provide certain documentation relevant to the case.
The Defendant cannot provide documentation which it does not have. Lets say we are dealing with an Industrial Deafness case and the Court orders disclosure of noise surveys, but no noise surveys are available for disclosure. We would then be asking the Defendant – are noise surveys not available because none were ever undertaken? Or were noise surveys undertaken but the documentation is no longer available? In either scenario, the Defendant’s position of denying liability is under heavy scrutiny. The same applies for other cases and we will not simply accept a denial of liability, we will challenge it.
As I said earlier, it is not unusual for a Defendant to deny liability. Whilst this is frustrating we are on your side and we will challenge any such denial. Instructing an expert law firm like us gives you the best chance possible at overturning their decision.
