How long does an accident claim take?

How long a personal injury claim will take to settle will vary depending on various factors, including the type of accident and the severity of the injuries sustained.

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how long does a personal injury claim take?

How long does a personal injury claim take?

If you have suffered an injury or illness due to someone else’s negligence, a solicitor could help you claim compensation from the responsible party. The amount of time it will take to process your claim will vastly depend on the particular details of your case.

Some determining factors include the nature and extent of the injuries sustained, the time it takes to collect evidence and whether the defendant admits liability or you need to go to court.

Your solicitor will always try to settle your claim in the shortest time possible without affecting the maximum compensation award you are entitled to receive. In some cases, you might be eligible to receive interim payments for immediate financial needs while your claim is processed.

To learn more about the question ‘How long does a personal injury claim take?’, please read the guide below or call 0800 470 0474 for a free consultation. Alternatively, enter your details into our online contact form to request a call back.

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    What are the steps of making a personal injury claim?

    Every injury compensation claim has several similar steps. The duration of each stage depends on the particulars of the case and will determine how long it will take to resolve the claim. The main steps are as follows:

    • A free initial consultation with a legal adviser, during which they will assess your case, and you can ask any questions you want, such as how long your claim could take;
    • Gathering the necessary evidence to build a strong case and secure the maximum compensation amount you are entitled to;
    • Assessing your injuries, their long-term effects, and your future care needs if you have suffered severe harm;
    • Sending a claim notification form to the defendant to inform them of your intentions to sue for damages;
    • Negotiating your claim to receive a fair settlement based on your injuries, losses and future needs;
    • If negotiations fail, issuing court proceedings and arguing your claim in court, in front of a judge;
    • If your claim is successful, the last step will be receiving your compensation.

    How long for a personal injury claim to settle?

    There isn’t a single answer regarding how long a personal injury claim can take to settle. That will depend on various factors, as detailed in the section below. Although claim duration can be affected by several aspects, here is the average time it takes to get compensation for different claim types:

    Regardless of the type of accident, your solicitor will always work hard to settle your personal injury compensation claim as quickly as possible.

    What will affect how long a personal injury claim will take?

    The details of a claim are unique to each case, and these will more or less influence how long it will take to settle it. The length of a personal injury claim is affected by a multitude of factors, the most common of which are detailed below.

    • The type of accident. How you were injured can influence how quickly the details are resolved, affecting the claim’s duration. For example, a straightforward rear-end collision will likely resolve faster than a complex industrial incident, where various legislations and parties may come into play.
    • The type and severity of your injuries. If your injuries are severe or require ongoing treatment, getting a definitive prognosis will take much longer, which is crucial for calculating the appropriate compensation. On the other hand, a mild or simple injury such as a broken ankle will be relatively easy to assess.
    • Suffering multiple injuries. When a claim involves more injuries, each injury must be individually assessed. That can complicate and extend the duration of the claim, especially if you also suffered psychological trauma in addition to physical injuries.
    • Whether the defendant is unknown or uninsured. If you have difficulty tracking down the responsible party or they are uninsured, you may need to claim against different insurance policies, such as the MIB or the CICA. This can delay the process, as these organisations have their own timescales for investigations.
    • Gathering evidence. Gathering evidence and sourcing witnesses, medical reports, and proof of the impact on your life can take some time. To speed this process up, your solicitor will ask that you provide as much information as possible, including contact information for those present at the time of your injury. Delays in obtaining crucial evidence can prolong the settlement of the claim.
    • Liability issues. If there is a dispute over who is at fault for the accident, the claim may be delayed while the parties involved gather evidence and present arguments to establish liability. In such cases, settling may take a long time, and you may have to issue court proceedings.
    • The value of your claim. High-value claims will often undergo more scrutiny and may involve complex calculations to ensure that future needs are adequately covered. Both parties will work hard to gather as much evidence as possible to arrive at a compensation award they find reasonable.
    • Negotiations. Significant disagreements on the compensation amount could lead to lengthy negotiations between your solicitor and the defendant’s insurer. This is more likely with high-value claims, such as those for a brain injury or a severe industrial disease.
    • Whether the case goes to court. If the other party denies liability or you cannot agree on a compensation award, your claim will take longer to resolve. In such cases, the case may go to trial, which can significantly extend the duration of your claim.

    If you have been injured in an accident that wasn’t your fault and would like to find out if you are entitled to make a claim, call 0800 470 0474 today for a free case assessment.

    An experienced solicitor will be able to discuss the circumstances of your accident and the injury you have suffered to determine if you have a valid case. During your free consultation, you can also ask any questions about the claims process, including ‘How long do personal injury claims take to settle?’.

    How long does an accident claim take to settle when using the claims portal?

    If you had a workplace accident, road traffic accident or an accident in a public place, your claim could be processed through the Pre-Action protocol. The Ministry of Justice has set up the online Claims Portal, a tool for processing claims up to the value of £25,000. This portal was introduced in an effort to simplify and speed up the process of settling claims, particularly for low-value personal injuries.

    Under this protocol, the defendant’s insurer has between 15 and 40 days (the total consideration period) to review the evidence you have produced and make you a compensation offer, depending on your accident.

    If you choose to accept an initial settlement offer, your claim should take around two to six months. If you want to negotiate, it will typically take four to nine months. If no settlement can be reached, you can issue court proceedings for a judge to decide the outcome.

    Is there anything I can do to speed up the claims process?

    To make a successful claim, your solicitor will need to demonstrate that you have been at a loss because of another person’s fault. To do this, they will work closely with you to build up a case to prove who was responsible for your injury, the extent of the damage caused to you and the implications that this has and will have on your life.

    The ways in which you can help speed up the processing time of your case include:

    • Provide contact information for any witnesses, doctors or treatment providers.
    • Provide copies of any accident reports or emergency services reports if you have them.
    • Forward copies of any correspondence that you have received from the liable party or related associates.
    • Keep copies of any relevant receipts, prescription costs and travel costs related to your injury and recovery.
    • Be as thorough as possible in your account of events. This enables your solicitor to build up an understanding and foundation for your claim quickly.

    If you are in a hurry, you may also consider accepting an early settlement offer, but as you can see below, this is almost never advisable.

    Should I settle my claim early?

    The short answer is no; you should never accept an early settlement offer, at least not without getting legal advice first. It may be worth considering if your solicitor judges that the settlement offer is fair and meets your expectations.

    However, this is rarely the case. Most often, the only reason insurance companies make such offers is because they know you will win the claim anyway, and they will end up paying a lot more if they go through the whole claims process.

    The thing is, you can only receive one compensation payment. If you accept an offer before understanding the full extent of your injuries and your future needs, you cannot go back and request more money once you do.

    For this reason, it is essential to know all the facts and gather as much evidence as possible before deciding to accept a settlement offer from the defendant. Your solicitor will know exactly how much your claim is worth and will be able to advise you accordingly.

    Can I receive interim payments while my claim is processed?

    A personal injury could leave you under financial strain, especially if you suffered severe harm. You may not be able to work anymore and may have immediate financial needs, such as care costs and private treatment costs. In such cases, your solicitor may be able to secure interim payments on your behalf if you fulfil the following requirements:

    • The defendant has admitted liability for your injuries.
    • If the case goes to trial, there is a strong likelihood that you will win.
    • You can prove that you have an urgent financial need.
    • The amount you request is reasonable and less than the total amount of compensation you seek.

    If the other side has admitted fault, you can directly ask them for the interim payment. Otherwise, you can apply for it through the court. There is no limit to the number of payments you can request, but any amount you receive will be deducted from your final compensation.

    How long does it take to receive your compensation once the claim has been settled?

    Once a claim has been settled, it will typically take between 14 and 21 days to receive your compensation award. This will generally depend on whether you negotiated your settlement or your case was settled in court. If your claim was settled out of court, your solicitor will ask the defendant to pay the compensation into your account within 14 days.

    If a judge settled your claim during a court hearing, they will also determine how fast your damages should be paid. The typical period is 21 days from the date of the court order. If the payment is not made during this period, your solicitor can issue further proceedings to enforce the judge’s decision.

    Starting the personal injury claims process

    As you’ve seen, some claims, such as those following minor road traffic accidents or slips, trips and falls, could be resolved within a few months. On the other hand, complex medical negligence or industrial injury claims can sometimes take more than five years to conclude.

    One thing is sure: the faster you start legal proceedings, the sooner you will receive your compensation settlement. You can take the first step today by contacting a personal injury solicitor. If they take on your case, they will:

    • Offer you a 100% no win no fee agreement, meaning you will not be taking any financial risks;
    • Help you gather everything you need for your claim;
    • Handle all communication and negotiations on your behalf;
    • Review your case thoroughly with you and keep you updated during the process;
    • Know precisely how much compensation you are owed and work hard to secure the maximum amount on your behalf.

    For a free case assessment, call 0800 470 0474 today or use our contact form to request a call back. A legal adviser will answer all your questions, including ‘How long does a personal claim take to settle?’.