If you are recovering from an accident, one of the questions at the top of your list is bound to be how long does a personal injury claim take to settle and how quickly can you receive compensation.
Legal action can seem very daunting, particularly if you are also trying to recover from injuries sustained in an accident. Consequently, settling a personal injury claim quickly is a priority for most claimants.
Each personal injury claim is different and will take a unique amount of time, influenced by factors like the type and severity of your injuries, the complexity of the circumstances surrounding them and the financial value of your claim.
This guide will help answer all your questions about how long a no win no fee case will take to settle.
What Factors Affect How Long A Personal Injury Claim Takes?
Every personal injury compensation claim follows more or less the same claims process; however, some take a lot longer to reach a compensation settlement than others. Here are some of the common factors which might slow you down.
The complexity of the case
Every personal injury claim is unique regarding its circumstances and how the accident or incident impacts the claimant; some scenarios are more straightforward than others.
Compare a simple car accident case in which another driver was negligent and caused injury to a third party, which can be settled in a matter of weeks, with a complex medical negligence claim that can take years to resolve.
Compensation claims complicated by the specific circumstances of the accident or the level of injury sustained (or both) will always take longer to reach a conclusion.
Gathering evidence
Personal injury solicitors need to know how the accident happened, determine who was responsible and whether that person owed you a duty of care which has been breached leading to injury. Your legal representative also needs to understand the full extent of your injuries.
The personal injury claims process involves compiling evidence from witness statements, photographs and film, and medical evidence. An independent medical assessment and a medical report that verifies the level of injury and the impact of these injuries will usually be necessary.
If the other party involved denies liability or will only accept partial responsibility, it may be necessary to dig deeper for further evidence impacting the time the claim takes to settle.
Who is at fault?
Depending on where the accident happened, establishing who is at fault for your injury could affect how long a compensation claim takes.
Making a personal injury claim involves establishing a legal duty of care between you and the controller of the land, assuming your accident occurred in a public place and not at work or in the car. Sometimes, it can take a while to determine the identity of the person or organisation that is legally responsible.
The controller of the land has a duty to keep you safe and will have public liability insurance to protect them against claims and costs from accidents and injuries amongst the general public.
In a hit-and-run road traffic accident, it may take a prolonged investigation to identify the other driver and require searching for dash cam footage or film from public and domestic CCTV cameras.
Establishing fault can also take longer if you are partially to blame for your injuries. For example, you might have been partly to blame for your injuries because you were not wearing a seat belt when you had a car accident, or you failed to follow correct safety protocols, leading to an accident at work.
If you are partially responsible for your injuries, this is called contributory negligence. You can still make a compensation claim, but it could take longer. It is your legal representative’s job to determine how much of the blame for your injuries should be apportioned to you. Any compensation is reduced pro rata to reflect this.
Does the defendant accept liability?
If the defendant denies liability, a personal injury claim will take much longer to settle than a case where the defendant accepts liability. If liability is accepted, it is usually just a question of working out a compensation award.
A denial of liability may require court proceedings to resolve the case, which can add months to the time a personal injury claim can take to settle.
It is always much quicker if the other party can admit fault in the claim early, leaving the discussion to focus solely on how much compensation should be paid. If the other party decides to deny liability or won’t agree to a fair settlement, it could lead to court proceedings, which adds months to the timeline. However, rest assured, most personal injury claims are settled without going to court.
The type and extent of your injuries
The nature and extent of your injuries are among the most significant factors dictating how long it takes to claim compensation. It makes sense that this will take longer to assess if you have multiple injuries.
Your personal injury claims solicitor will arrange an independent medical assessment to verify your injuries and help establish the correct amount of compensation. This process can take several months if your injuries are extensive and complex. In some cases, claimants need regular medical assessments, which can last several years.
It’s important not to rush this process, as sometimes, the full impact of someone’s injuries cannot be fully understood for a long time. Your financial settlement should reflect your current injury but also present and future needs, like lost earnings and enhanced medical care. Agreeing to an early settlement offer is not always in the claimant’s best interests.
If you are suffering financial difficulties or hardship, your solicitor may be able to arrange an interim payment to help with expenses whilst the settlement is still being negotiated.
Claims Portal cases
If your claim involves a road traffic accident, workplace accident or incident or a public accident and is for less than £25,000, then it can be processed via an online portal run by the Ministry of Justice.
This system gives strict time frames and encourages a streamlined process for the other side to accept or dispute your claim quickly. If liability is accepted, your legal representative can submit evidence (e.g. a medical report) and settlement negotiations can begin. There is a 35 day consideration period for these negotiations and if you do not come to an agreement with the other party, issuing a court case for a judge to determine your compensation can be necessary. You would not normally need to attend court and the judge would decide the compensation amount based on the documents submitted in advance.
Cases that stick to the time limits set out in the Pre-Action Protocols can settle quickly and this can be only a couple of weeks after sending your medical evidence to the otherside. If a court hearing is required, it will of course take longer, but remember you can gain access to interim payments.
A Settlement Offer
It is not unusual for the respondent or the defendant’s legal team or insurer to start making offers early, even before you have seen a medical professional for independent assessment. You may receive an offer even before you have appointed a no win no fee solicitor.
Some people want to settle the case as quickly as possible and not have it hanging over them, so you are free to accept any offer at any time. However, it is always best to be guided by the view of your personal injury specialist to ensure you are not losing out on valuable compensation so that you can put the accident and claim behind you.
Accepting a lower offer can often mean a faster conclusion to your claim but this is not always the best way forward. The passage of time can sometimes reveal other problems related to your initial injury but which don’t emerge until months later. If you have accepted an offer in full and final settlement of your case, it won’t be possible to return for more money. It’s essential to fully understand your injuries before you settle your claim, otherwise there is a significant risk you are missing out on damages due to you.
Frequently Asked Questions
Do I have to wait for my claim to settle before I receive any compensation?
If your personal injury claim is taking a long time and you are suffering financial hardship, then your personal injury solicitor may be able to arrange interim payments. Interim payments allow you to have some money upfront before the claim reaches a final settlement. An interim payment can help with immediate costs like lost earnings due to Statutory Sick Pay not covering your wages, additional expenses for medical treatment and other costs like taking taxis or public transport because you cannot drive after your accident.
Once an agreement is reached on compensation, how long does it take before I receive the money?
Once the defendant’s insurance company has admitted liability on behalf of the insured and agreed upon a financial settlement figure, compensation is usually paid within a couple of weeks.
How can I find out how long my claim may take to settle?
When you start the claims process with your expert no win no fee solicitors, they will discuss all aspects of your case during a free initial consultation. As well as assessing your eligibility to make a personal injury claim, they should also be able to offer a ballpark figure on how long your claim takes to settle. Some claims take twelve to eighteen months to settle but some can be much quicker. An experienced personal injury solicitor will be able to give you a more accurate estimate based on the individual circumstances of your case and the extent of your injuries.
