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.
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
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.