Inbrief: Free Legal Information

 

Home   About   Advertising  Contributors 

 
   

Search In Brief

Over a thousand pages of free legal information written by our selected team of legal experts

 
 

  Browse Legal Topics     Ask a Solicitor Online

 

   
       

Personal Injury

Types

Injury At Work

Industrial Injuries

RTA Whiplash Injury

Spinal Cord Injuries

Negligence and Nervous Shock

Injured in Violent Crime

Claiming Compensation when Injured in Public Place

Procedure

Making a Personal Injury Claim

Limitation on Personal Injury Claims

Defences Against Personal Claims

Personal Injury Compensation Payments

What are the possible defences against personal injury claims?

Today insurance is a fundamental part of our lives. While injuries may be of many kinds, broadly mental or physical, claims can only restitute the tangible losses. Though it is vital for individuals to get back to their normal life and for this they need money. Filing personal injury claim helps victims overcome their problem.  Personal injury in particular is a term classified for any injury to the body, mind or emotions, as compared to any other ones to vehicle or caused by the disregard of another.

However, in the late 1990s Legal Aid for personal injury cases was principally eradicated and substituted with arrangements whereby the client would not be charged if his/her case was unsuccessful. It came to be known as “No win, no fee”. But if the lawyer wins the case they will be entitled to a certain ‘success fee’ over and above their standard fee. The success fee cannot exceed 100% of the lawyer’s standard fee as per the English law.

Types of personal injury claims

The most common types of personal injury claims are:

The term personal injury is comprehensive and it also incorporates medical and dental accidents, caused by medical negligence and form the majority of the claims. It also includes conditions that are classified as industrial disease cases, including asbestosis and mesothelioma, chronic bronchitis, asthma, deafness, occupational stress, and much more.

Time period

Under the limitation rules, in England and Wales, an individual claiming for compensation in court must ensure to commence proceedings within three years of the date of the accident, failing which the claimant will lose the right to claim.

Injured parties under the age of 18, however, are an exception to the rule and they have the day prior to their 21st birthday to commence proceedings. Also the court has the power to lengthen or waive the limitation period if considered equitable to do so.

Policy Defence

The first paragraph in every report prepared and sent back to the insurance company by the adjuster is a section titled "Policy Defenses." This passage details the scope the insurance company has of minimizing the claim or avoiding paying it all together.

This underlines that the insurance company's premise of avoiding or minimizing your claim unless it absolutely necessary to do so.

Defences against a personal injury lawsuit

Defence against a personal injury claim consists of numerous phases of litigation. While a lawyer can help channel the defense and give recommendations of the strengths and weaknesses of the case, he can also assess whether to settle or proceed towards trial.

Personal injury compensation can be claimed only when the following conditions are met:

Accidents at Work

Accidents at work often lead to personal injury compensation claims. Though for it to be successful, it will be essential to prove the negligence on the part of the employer. All employers, on their part can avoid such kind of liability by having a liability insurance that would guard them in the event of such litigation arising. If forced to make good the liability of the personal injury compensation claim chances are that to cover costs, the final payment will very likely come from the insurance company. 

Medical Negligence

 Another highly rampant category for personal injury claims and, this remains to be seen as most unfortunate of them all. In case of medical professionals, like any other they tend to go wrong from time to time and make mistakes and suffer a claim as a result.  Though seemingly harsh in general but in certain cases, it is an absolute necessity for people who suffer as a result of a negligent medical professionals. The best recourse for medical professionals in this case is to employ risk management measures by insuring themselves against some of the litigations that may arise especially in sensitive cases and a full-disclosure to the grieved party before hand of the possibilities that await them in case of a procedure.

Road Traffic Accidents

Perhaps the second biggest reason for personal injury compensation claims road traffic accidents claims arise when people suffer as a result of another person’s negligence on the road. The recourse is this case is nothing more than observing basic traffic norms and driving with a moral obligation to others on the road. It is also recommended to avoid driving a potentially unsafe vehicle by periodically checking the vehicle's imperative components like lights and brakes for proper operation.

Also if sued, contact your auto insurance company because your liability coverage may be inclusive of attorney representation fees. In cases of plaintiff lacking insurance coverage, it is wise to retain personal counsel for representation.

Insurance Delay Tactics

The insurance adjuster is required to gather a lot of information to reach a settlement recommendation. However, dishonest adjusters, coupled with the insurance company, can employ use certain tactics to exhaust and perplex you hoping you will take what they offer and walk away.  This may include repeated examinations and inspections, and extensive paperwork above many others.

Still have unanswered questions?

Ask your legal question using the box below and have a response from solicitor or barrister within minutes.