Defendant Personal Injury Claims: A Detailed Guide on the Process, Costs, PAD Applications, and How to Protect Your Business

At Hopkins Solicitors, our Personal Injury team frequently advises businesses, organisations, and individuals who are facing claims made against them. Many of our clients come to us because they do not have insurance to cover potential claims, and they want to understand the practical and financial implications of defending a personal injury case. It is important to recognise that denying liability does not automatically end a claim. Claimants can continue pursuing their case, sometimes escalating to issuing formal court proceedings, and defending these claims can be both time-consuming and expensive.

This article provides a detailed explanation of the stages of a defendant personal injury claim, realistic timelines for each stage, how legal fees are charged, and guidance on managing costs effectively. We also cover Pre-Action Disclosure (PAD) applications, which are increasingly common and can have serious cost implications if not handled correctly.

Initial Claim Notification

The process usually begins when a claimant contacts your organisation to notify you of an alleged injury. This may take the form of a letter, email, or formal claim form. Even if your organisation believes it is not liable, responding promptly and professionally is essential. The initial stage sets the tone for the claim and can influence subsequent correspondence and negotiations.

During this phase, our team will carefully review the claimant’s correspondence and any supporting documents they provide. We will also gather relevant information from your organisation, including incident reports, internal records, CCTV footage, and witness statements. At this stage, legal work is billed at our hourly rate, reflecting the time spent reviewing documents, providing advice, and drafting correspondence. For clients without insurance, fees at this stage can typically range from £1000- £2000, depending on the complexity of the claim. The initial claim stage usually takes between two and six weeks, although more complex cases may take longer.

Investigation and Evidence Gathering

Once the initial claim has been received, claimants often begin collecting medical reports or other expert evidence to substantiate their allegations. As the defendant, it may be necessary to instruct independent experts to review this evidence, particularly if liability, causation, or the severity of injuries is disputed.

At Hopkins, we ensure that every piece of evidence is carefully reviewed. This includes analysing the claimant’s medical reports and considering whether technical, medical, or occupational expert reports are required. Evidence gathering at this stage is critical to ensure that your organisation is fully prepared for settlement discussions or court proceedings.

Legal work during this stage is billed at our hourly rate, covering document review, liaison with experts, and detailed strategic advice. Depending on the complexity, costs can rise significantly. Reviewing a claimant’s medical report may cost a few hundred pounds, while instructing an independent expert can range from £1,500 to £5,000 or more. Complex technical experts, such as those investigating workplace incidents, can cost upwards of £5,000 to £10,000.

Pre-Action Disclosure (PAD) Applications

A significant issue that many defendants face is the Pre-Action Disclosure (PAD) application. A PAD is an application made to the court by a claimant to obtain documents from the defendant before formal proceedings are issued. This usually occurs when a claimant has previously requested documents or information relevant to their claim, but the defendant has failed to provide them.

The purpose of a PAD is to ensure that claimants can access evidence necessary to support their claim without having to wait until formal court proceedings. When a PAD is issued, the defendant is legally required to respond, usually within a strict timescale set by the court. Failing to respond promptly can have serious financial implications.

One of the key consequences of a PAD is that the defendant is likely to be ordered to pay the claimant’s legal costs associated with making the application, because these costs arise as a direct result of their failure to respond to prior notifications. Even after the PAD is resolved, the defendant still needs to deal with the substantive claim, including responding on issues of liability, evidence, and potential settlement.

At Hopkins, we guide clients through the PAD process, ensuring that responses are timely, complete, and strategically framed to protect their position. Responding appropriately can help minimise additional costs and prevent further escalation of the claim.

Pre-Action Negotiations and Settlement Discussions

Many personal injury claims are resolved before formal proceedings are issued through pre-action negotiations. During this stage, claimants may make settlement offers, which your organisation may wish to counter. Issues such as contributory negligence, disputed liability, or the severity of injuries must be carefully considered.

Even if a claim appears unmeritorious, negotiation can require significant legal input. At this stage, our team provides strategic advice to ensure that any settlement or response protects your interests while mitigating the risk of escalating costs. Fees at this stage are charged at our hourly rate, covering all time spent reviewing correspondence, considering offers, liaising with experts, and providing advice. Depending on the complexity, fees for pre-action negotiation can range from £2,000 to £7,500, with more complex claims potentially exceeding this.

Issuing Court Proceedings

If pre-action negotiations fail, the claimant may decide to issue proceedings, moving the case into the formal court system. This represents a significant escalation, and costs at this stage can rise substantially.

Once proceedings are issued, a defence must be drafted and filed, documents disclosed, witness statements prepared, and expert evidence exchanged. The case may progress through case management hearings, settlement conferences, and ultimately trial. The work involved is extensive and charged at our hourly rate, reflecting all time spent on legal research, correspondence, court preparation, and attendance.

Court proceedings can be lengthy. Simple claims may reach trial within 6 to 12 months, but multi-track or complex cases can take 12 to 18 months or longer. Highly complex claims involving multiple experts or significant evidence may extend over two years or more.

Managing Costs Without Insurance

For organisations without insurance, defending a claim can be financially challenging. Legal fees, expert reports, and court costs can accumulate rapidly, even when liability is denied. Strategic cost management is essential.

At Hopkins, we advise clients from the outset on cost management. By conducting thorough investigations early, responding promptly to correspondence, and instructing experts only when necessary, costs can be controlled. We also provide clear guidance on potential settlement opportunities to prevent litigation costs from escalating further. Importantly, all our work is charged at our hourly rate, meaning clients pay for the actual time spent on the case. This ensures transparency and allows clients to understand how and why costs are incurred at each stage.

Key Considerations

Defending a personal injury claim is far more than denying liability. Claimants are entitled to pursue their case, and even straightforward claims can escalate through evidence gathering, PAD applications, pre-action negotiation, and court proceedings. Costs are incurred at every stage, and once a PAD has been issued, defendants are likely to incur additional costs associated with the claimant’s application if they failed to respond to prior notifications.

Working with an experienced legal team like the Hopkins Personal Injury team ensures that each stage is managed professionally, strategically, and cost-effectively. Our team provides clear guidance on timelines, costs, and practical strategies for mitigating financial risk, giving clients confidence that their organisation is well-prepared to defend a claim.

If you or your organisation are facing a personal injury claim, reach out to Hopkins Solicitors today by clicking the “Request a Callback” button below to discuss the potential steps, timelines, PAD applications, and costs involved in managing the case effectively.