There are multiple factors which influence how long any personal injury claim takes – from initial instructions to the Solicitors (check you are being represented by a solicitor or legal executive and not a paralegal) until the claim is settled with compensation being paid or the claim being lost. It is therefore impossible to say with any degree of accuracy how long personal injury claim may take.
The following is a list of factors which may determine how long a claim may take:
- How quickly you give your Solicitors the correct information.
- How quickly your Solicitors respond to your instructions.
- Whether your claim commences on the Employers’ Liability Portal, Public Liability Portal, Road Traffic Accident Portal, Industrial Disease Portal or whether your claim requires a detailed letter of claim.
- How quickly the Defendant reacts to the personal injury claim.
- How quickly the Defendant’s insurers react to your claim.
- Whether the Defendant provides full disclosure when they should and whether a pre-action disclosure application is needed.
- How quickly the medical expert can see you.
- How quickly your GP and hospital provide copy medical records to your Solicitors.
- How quickly you recover from your accident-related injuries.
- How many types of medical experts you need to be examined by and their availability.
- Whether the Defendant insurer admits legal liability and, if so, when.
- Whether the claimant is a child or is incapacitated.
- Whether the Defendant argues that the claimant is contributory negligent and whether this is a fair argument.
- Whether your Solicitors are eager to issue court proceedings.
- How quickly any Legal Expenses Insurance or After the Events insurers react to enquiries.
- Whether the insurers make a pre-medical offer and whether the Claimant chooses to accept the offer.
- If court proceedings are required, how quickly the Claimant’s Solicitors serve the proceedings.
- Whether the Defendant’s Solicitors request additional time to provide their defence.
- How quickly the court is in dealing with the case.
- How quickly and how accurate any advice is from a barrister, should such advice be needed.
- What decisions a Judge makes about a case in terms of the directions/timetable.
- How well-pitched any offers are from both sides.
- Developments in case law during the duration of the claim.
- The skills of the claimant’s Solicitors and that of the opposing representative and how well the representatives get on.
- Whether the Claimant needs to switch Solicitors.
- Multiple other often unforeseeable delays.
Therefore given the various permutations in a personal injury claim it is impossible to say how long a personal injury claim will last. Truth Legal presently has one claim which has been ongoing for nearly five years due to the complexity and evolving nature of the medical evidence. We have also settled claims very quickly without a medical report when an insurer has made an astute pre-medical offer.