LVI – a changing tide?

Our long run of successes in the defence of LVI claims continued this week, with a claim being dismissed at trial, resulting in major savings for our…

Weightmans' long run of successes in the defence of LVI claims continued this week, with a claim (disputed on both liability and causation grounds) being dismissed at trial, resulting in major savings for our client, as well as substantial costs being awarded. 

In dismissing the claim, the judge commented that he was not convinced that any injury could have been sustained as a result of the impact.  It is particularly interesting to note how much emphasis was placed on the claimant's failure to attend her GP, with the judge adding that he found it inconceivable for anyone to suffer the level of pain reported by the claimant without visiting their GP or hospital.  It was clear in this case that the claimant's lack of credibility in respect of her alleged personal injury crossed over into her credibility regarding the accident circumstances and liability.

LVI claims are still thought of by some as difficult and uneconomic to defend.  However, with our proven strategies and expert handlers in this area we are experiencing a healthy ratio of trial wins and discontinuances in cases where causation is disputed.

In this new era of QOCS and fixed costs, there is less financial risk for insurers to dispute LVI cases to trial.  Add to this a real judicial appetite to dismiss LVI cases and there is no better time to be taking a tough stance on suspicious/opportunistic claimants.

For further information please contact Kellie Lacey on kellie.lacey@weightmans.com.

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