5 factors that affect the length of a personal injury claim
1. The type and severity of your injuries
At the start of the claims process, your solicitor will arrange a medical assessment. This is to gather evidence in support of your claim and calculate a fair level of compensation. But, depending on the nature of your injuries, it can take anywhere between a few weeks to many months to complete.
Perhaps it’s too early to tell the full impact of your injuries? If so, the assessment will be delayed until this is clearer.
Maybe your injuries are particularly severe or complex (e.g. psychological)? In which case, several medical assessments may be required over an extended period.
Generally, the more severe your injuries, the longer the claim will take.
2. The time needed to gather evidence
Aside from medical reports, your solicitor will also need to gather other forms of evidence to support your personal injury claim. This process can involve a lot of different people. And, as such, can have a huge influence on how long it takes for your injury compensation to be settled. For example, they may need to acquire:
- witness statements
- CCTV footage
- photographs of your injuries and the location of the accident
- your medical records
- police and emergency service reports
- expert opinions
- evidence of any expenses incurred
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3. How you were injured
The circumstances of your accident will also affect how long the claims process takes.
For example, road traffic accident, employer liability and public liability claims – worth less than £25,000 – can now all be made via the Claims Portal. This is an electronic system that streamlines the process, setting a strict time limit (15-30 days) within which the defendant must respond. On average, personal injury claims that are processed in this way take around 4-9 months to settle.
Claims for medical negligence tend to be a lot more involved and complicated. Therefore, they can’t be made using this fast-track portal and usually take a while longer to settle.
4. Whether the defendant accepts or denies liability
If the defendant denies liability for your accident or refuses to offer a reasonable personal injury settlement, this will – inevitably – delay things. Court action may then be required to reach a conclusion. But keep in mind, this happens very rarely. And even if it does, it’s worth it.
Going to court may take longer, but it could ultimately be the difference between you winning or losing the case.
5. Who you’re claiming against
In some circumstances, it may be unclear who is liable. This may be because you were injured by someone else and their identity is unknown (e.g. if you were injured in a hit-and-run) or because you were partly responsible for the injuries sustained (e.g. not wearing a seatbelt when hit by a car).
Crucially, it is still possible to make a personal injury claim in these cases. But they can take a little longer to settle. And if blame can be split between parties, your compensation may also be split.
‘Full and final’ personal injury settlements
Personal injury claim |
Estimated settlement time |
Road traffic accidents |
4-9 months |
Work accidents |
6-9 months |
Public liability accident |
6-9 months |
Medical negligence |
12-36 months |
Unfortunately, there isn’t an average time for a personal injury settlement.
Estimates are shown in the table above. But they’re exactly that – estimates.
Personal injury compensation is always paid on a ‘full and final’ basis and, having agreed to a settlement, no further compensation can then be paid in relation to that claim. Which is why, our personal injury solicitors – here at Injury Lawyers Direct – will only settle once the full extent of your pain and suffering is known. And we will advise at every stage whether to accept or reject an offer.
Thankfully, once a satisfactory figure has been reached, compensation is typically received within 2-4 weeks. And if you’re struggling financially throughout the claims process (and that process takes longer than expected), interim payments can also be arranged to help in the meantime. For further information on personal injury settlements – and to get a better idea of how long your claim may take to complete – please don’t hesitate to get in touch. We’re always happy to help and will do everything we can to achieve the best possible outcome, in the shortest possible time. Either give us a call on 0800 110 5888 or fill out our online contact form and we’ll get back to you.