What Do I Do?

Receiving a letter of claim alleging that you or your business are responsible for someone’s injury can be alarming. Whether the allegation relates to a road traffic accident, workplace incident, public liability accident or another form of negligence claim, it is important not to panic — and equally important not to ignore it.

A letter of claim is usually the formal start of a personal injury claim and is intended to set out the allegations being made against you. How you respond in the early stages can have a significant impact on the outcome of the matter.

What is a Letter of Claim?

A letter of claim is a formal notification from the claimant or their solicitors stating that they intend to pursue compensation for an injury. It will typically include:

• A summary of the accident circumstances;
• The allegations of negligence being made;
• Details of the injuries said to have been suffered;
• Information about financial losses being claimed; and
• A request for a response within a specified timeframe.

In England and Wales, personal injury claims generally follow the Pre-Action Protocol for Personal Injury Claims, which encourages both parties to exchange information and attempt to resolve matters before court proceedings are issued.

Do Not Ignore the Letter

One of the worst things a defendant can do is fail to engage with the process. Ignoring correspondence will not make the matter go away and may ultimately lead to court proceedings being issued without your input.

If proceedings are later issued and deadlines missed, this can result in judgment being entered against you by default.

Even if you believe the claim is exaggerated, incorrect or entirely unfounded, you should still respond appropriately and promptly.

Notify Your Insurer Immediately

In many cases, your first step should be to notify your insurer.

This may include:

• Motor insurers;
• Employers’ liability insurers;
• Public liability insurers; or
• Household insurers, depending on the circumstances.

Most insurance policies contain conditions requiring you to notify insurers promptly of any potential claim. Delaying notification could prejudice your cover.

Once notified, insurers will often appoint solicitors to deal with the matter on your behalf and guide you through the process.

Preserve Evidence

Evidence is crucial in personal injury litigation. As soon as you receive the letter of claim, you should take steps to preserve any material that may be relevant, including:

• Accident reports;
• CCTV footage;
• Photographs;
• Maintenance records;
• Risk assessments;
• Emails and correspondence;
• Witness details and statements; and
• Diary notes or recollections of the incident.

Do not alter, destroy or dispose of documents or electronic records, even if they appear unhelpful. Failing to preserve evidence can damage your position later.

Consider the Allegations Carefully

Not every claim has merit, and not every defendant is legally responsible simply because an accident occurred.

To succeed, the claimant will generally need to establish that:

1. You owed them a duty of care;
2. That duty was breached; and
3. The breach caused the injury complained of.

It is therefore important to consider:

• Whether the accident happened as alleged;
• Whether reasonable steps had been taken to avoid harm;
• Whether the claimant may have contributed to the accident; and
• Whether the injuries claimed are consistent with the incident described.

Avoid making admissions before legal advice has been obtained.

Be Careful About Communication

It is understandable to want to explain your position immediately, particularly where emotions are involved. However, defendants should be cautious about communicating directly with the claimant.

Comments made in emails, messages or social media posts can later be relied upon in evidence.

Similarly, avoid discussing the matter publicly or posting about it online.

Understand the Timescales

Under the personal injury pre-action protocol, defendants are usually expected to acknowledge the letter of claim within 21 days. There is then generally a period of up to three months to investigate liability and provide a formal response.

If liability is disputed, reasons should be given together with any supporting documentation.

If liability is admitted, the claim may move toward valuing compensation and settlement discussions.

When Should You Instruct a Solicitor?

Although some lower-value matters can be straightforward, many personal injury claims involve complex issues concerning liability, medical evidence, causation and quantum.

You should consider obtaining legal advice where:

• The injuries are serious;
• Liability is disputed;
• The circumstances are complex;
• Court proceedings appear likely;
• You are uninsured; or
• There are reputational or business implications.

An experienced litigation solicitor can assist with investigating the claim, preparing evidence, corresponding with the claimant and protecting your position throughout the process.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.