How Long Will my Personal Injury Claim Take?

Two main factors

The length of time to settlement of most personal injury claims depends mainly on the following two factors:

• The length of time needed to assess fully the extent of your injuries, and for the medical expert to be satisfied that a realistic prognosis can be made, and
• The amount of time it takes our opponent to make a reasonable settlement offer.

The medical evidence

So as to assess the extent of your injuries, we would arrange a medical examination.

We have to bear in mind that your claim ought not be concluded until the full future prognosis for your injuries is known. This is because if it later turns out that your condition is more serious than originally thought, we cannot go back for more money.

This type of situation often arises in relation to whiplash injuries caused by a car accident. The orthopaedic surgeon will usually estimate when your neck pain will improve.

However, if your injuries do not settle down as expected, then an updated report will be needed, and this can delay your case.

The 'reasonable offer'

These days, insurer opponents are required by the court rules to consider all personal injury claims within a certain period of time.

However, insurance companies still exist who will refuse to consider your claim until we actually issue proceedings.

And despite litigation having commenced, reasonable offers might only start materialising once the case reaches the stage of 'allocation', or when a trial date has been fixed.

Faced with such delaying tactics, our approach is to progress the case towards trial as swiftly as possible.

Trials involve substantial legal costs. Being faced with trial costs is often what it takes to convince the opponents to agree settlement terms.

To give you a rough idea

An entirely straightforward whiplash injury arising from a road traffic accident will normally take about 12 months, all things being equal.

Most 'fast track' personal injury claims take in the region of 2-3 years.