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The Process

In public liability claims to proceed with the case you must commence proceedings in Court. Those proceedings will usually be commenced in either the District Court, or if the damages or compensation is substantial, then the Supreme Court. The claim will at some point then be listed for hearing before a Judge who, if the claim is unable to resolve, will provide a judgment as to whether you are successful and if so what compensation you are entitled to.
Quite often before proceedings are commenced there is the opportunity for you and the insurer to come together to discuss the case and attempt resolution or settlement. It will often be called an informal settlement conference because it is not at the direction of the Court. If you are able to settle the claim at an informal settlement conference it is usually done by both you and the insurer compromising so that they pay more than they want and you accept less than what you want.
During proceedings there is also time when the Court will often either encourage the parties to engage in an informal settlement conference or will order a mediation. A mediation is a settlement conference where someone independent will sit between both parties to assist them in reaching an outcome.
There are risks in proceeding to Court in that if you are not successful with the case then you will be ordered to pay the costs of the insurance company, or the person or company you have sued. These costs can be very expensive. When deciding on whether to commence the claim it is important you have sound legal advice which will assist you in determining whether to proceed.
Many Solicitors will advertise on a “no win-no fee” basis, however that means that your solicitor will not charge you for their fees if you are not successful. This policy will not prevent you paying for the costs that are recoverable if you are not successful. You should ensure that this is fully explained to you before you proceed with any public liability matter.
For further information regarding the process contact ISN or your Solicitor.

Further Reading


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