Admission

In the context of personal injury claims, an admission refers to a formal acknowledgement made by a party involved in the claim (usually the defendant) accepting responsibility or liability for the incident that caused the injury.

This admission can pertain to specific aspects of the claim, such as admitting that a duty of care was owed or a breach of duty occurred. It can also be a full admission of liability for the injury suffered by the claimant.

A defendant would usually make an admission in writing, but they can also be made verbally. Securing an admission of liability in your personal injury claim strengthens your case and usually means it will be settled out of court.

Below are some other ways an admission can play a role in personal injury or medical negligence claims:

• Facilitates resolution: An admission can help resolve a personal injury claim, as it acknowledges the defendant’s responsibility for the accident. This can lead to a quicker settlement and potentially reduce the need for a lengthy and costly court trial.
• Impact on settlement negotiations: An admission of liability by the defendant can significantly impact settlement negotiations. Instead of debating the liability aspect of the claim, the focus can shift to determining the appropriate amount of compensation to be awarded to the injured party.
• Partial admission: In some cases, a defendant may make a partial admission, accepting responsibility for certain aspects of the claim but disputing others. For example, a defendant may admit that they breached their duty of care but dispute the extent of the claimant’s injuries or the amount of compensation sought. In such cases, the remaining disputed aspects of the claim will need to be resolved through negotiation or litigation.
• Reduce legal costs: An early acceptance of liability can help reduce the legal costs associated with the claim, as it can eliminate the need for extensive evidence gathering and witness testimonies to establish fault. This can benefit both the claimant and the defendant regarding time and financial resources.

In summary, an admission in the context of personal injury claims is a crucial aspect of the legal process, as it signifies the defendant’s acknowledgement of responsibility or liability.

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Last edited on 17th Dec 2024

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.