How Much Could You Claim?
Does your claim qualify? Get free, no obligation advice!
Making a personal injury claim is a courageous action to take, and you have every right to be compensated for your injury. One of the most frequent questions people have when talking to a Personal Injury Solicitor is: how long will it take to receive my compensation?
There is no straightforward answer to that question, as much depends on the type of injury you are claiming for and whether or not the Defendant quickly admits liability.
Understanding the process of a personal injury claim can help you get an idea of the work involved and the time required to put a robust claim together. Although it may seem like nothing is happening and your case is at a standstill, you can be sure your legal advisor is working tirelessly to get the best compensation award possible.
Most personal injury claims proceed as follows:
Your Personal Injury Solicitors will meet with you to listen carefully to what happened to cause your injury. They have the experience to quickly assess whether you have a strong claim. They will also talk to you about a No Win No Fee agreement and explain all the details.
Working out who is responsible for your injury is also an important part of the consultation process. For example, just because you were injured at work, it does not automatically follow that your employer is liable. If a faulty piece of machinery caused your accident, your compensation claim may be against the manufacturer.
Rest assured, there is no obligation to proceed with a claim. This meeting is to establish whether you feel comfortable with the Personal Injury Specialist and if you have a valid claim. It is also a good time to ask the specialist thinks your claim will take to settle.
The next step is for your legal advisor to discover everything regarding how your injury happened. For example, if you were involved in a road traffic accident (RTA), you will be asked about how the accident happened, the speed your vehicle was going, the weather conditions, and any other important matters.
The person managing your claim will gather evidence in the form of witness statements, expert witness reports, and medical evidence. Most likely, you will also have to attend at least one independent medical assessment.
Your legal advisor will begin to follow the Pre-Action Protocol for Personal Injury Claims or the Pre-Action Protocol for Clinical Negligence. Depending on the complexity of your claim, this process could take up to a year.
Under the Rehabilitation Code 2015, parties involved in a personal injury case, including insurers and legal advisors, are encouraged to work together to identify the Claimant’s rehabilitation needs and release funds to pay for any required rehabilitation.
This step is one of the most critical as the earlier you can have a care plan put together and start rehabilitation therapy and/or treatments, the faster and more complete your recovery will be.
Your legal advisor will have talked with you about your desired outcomes. In most cases, a positive result will include the maximum amount of compensation that can be achieved for the type of injury you have suffered.
A personal injury damages award is split into two categories:
Your legal advisor and the Court will also refer to the Judicial College Guidelines when calculating how much compensation you could be awarded if you win your case.
The best Personal Injury Law Specialists will not disappear after your case is over. They will be there, continuing to provide support when you need it. For example, in the case of catastrophic personal injury claims, the Court of Protection may need to appoint someone to manage your damages award and organise an appropriate care plan.
Your legal advisor can refer you to a specialist Court of Protection Solicitor and any other support services who can help you work towards a positive future.
As you can see from above, the personal injury compensation process is extensive and complex. For small claims involving straightforward negligence, where the Defendant readily admits liability, a court settlement may be reached in 12 months or less. For catastrophic medical negligence claims, where damages may be in the millions of pounds, you should expect the claims process to take around 36 months.
Below are some general guidelines regarding how long particular claims take to settle:
Most personal injury cases are settled outside of court. Insurers will typically offer to settle personal injury claims early to avoid expensive litigation. However, the first offer you receive may be below what you could expect to be awarded if your case went to court. Therefore, it is crucial to take advice from a personal injury law specialist regarding whether to accept the offer.
Remember, you can always negotiate for more and your legal advisor will be focused on achieving the highest amount of compensation possible.
Aside from the time taken to gather evidence, and if the defendant refuses to accept liability, personal injury claims can take time to settle for one extremely important reason – any early offers made by the Defendant will almost certainly be paid on the assumption that it is full and final payment.
So, imagine you rush to accept a settlement offer from the Defendant’s insurance company following what you believe is a moderate injury to your hand. Months down the line, complications begin to develop, which require extensive surgery and painful physiotherapy.
Because you accepted the initial settlement offer, you will have no legal grounds to pursue an additional claim with further court proceedings.
You will have to bear any loss of earnings and medical expenses. Therefore, it is often a wise decision to wait and see what your long-term prognosis is before rushing into accepting a settlement offer. Also, remember that if the Defendant accepts liability in full or in part, your legal advisor can negotiate an interim compensation payment to cover rehabilitation costs and loss of earnings.
In most cases, the Defendant’s insurer will pay the compensation within two to four weeks of a settlement being achieved.
The easiest way to start a claim is to contact a legal advisor immediately through an online form or by calling 0800 234 6438 after your accident.
Your personal injury claims specialist will likely take your case on a No Win, No Fee basis. This means that if you lose your case, you will not have to pay any legal fees, although you will need to pay any expenses related to your claim (these are known as disbursements).
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.
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