When a liability claim is made against a business, whether it’s a property damage dispute, damages for personal injury arising out of an incident or a product liability issue, many businesses have traditionally passed the claim to their insurance company to deal with. If the matter is complex or a court action has been raised against the business, the insurer will appoint a lawyer to act on the business' behalf. The appointed lawyer is generally one that is on the insurer's panel – often a law firm that the business hasn't had any previous relationship with. However, our experience is showing that more and more businesses are exercising their right to choose which law firm represents them in the resolution of such claims.
The successful management of claims has a direct impact on business costs and, in a world where reputational risk has never been more important to a business' future health, choosing the right claims defence team to deliver a bespoke claims defensibility and resolution strategy is seen by many as an essential risk management requirement.
There was a time when claims defence lawyers were badged as "litigators". Court lawyers that dealt with litigated claims only. But that view is now firmly outdated. In addition to being "litigators", my colleagues and I at Brodies are business advisers – an essential part of a business' response to risk and reputation management. We know where the potential traps are if something goes wrong. We know the endgame as we've been there before. We bring experience and expertise to our business clients to help them stay on the right track, avoid the traps and, should they face a claim, our knowledge of their business means that we can work through it with them to deliver an effective solution that mitigates damage.
Never has our role been more evident than when dealing with the challenges brought about by COVID-19. We worked with many clients to help them navigate an ever-changing operational landscape. We helped them understand the new potential non-compliance issues that could give rise to claims in the months and years ahead. And should claims materialise, our existing knowledge can help deliver the right solution faster than a team that doesn't know or understand the business.
The Brodies team is already appointed by many insurers to represent businesses facing claims. We also represent businesses who control their claims spend and risk and reputation management strategy. If you would like to explore how our team could work with your business to complete your claims management strategy, feel free to get in touch.
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