The type of accident will impact how long it will take for your claim to settle. The below guide outlines how long it will likely take for your claim to settle:

Road Traffic Accidents, Workplace accidents and Public Liability:

Personal injury claims worth up to £25,000 in compensation will be processed through the Pre-Action Protocol. These claims typically include:

• Road traffic accidents
• Accidents at work
• Slips, trips and falls in a public place

Claims are processed using the Ministry of Justice claims online portal. Through the portal the defendant’s insurer has 35 days to evaluate the evidence against them and decide to accept or reject liability. Time limits may be extended in certain circumstances.

Claims handled through the portal usually take around 4-9 months to settle – based on clients’ accepting the first settlement offer.

Clinical Negligence:

Clinical negligence cases can take anything from 18 months to even 2-3 years to settle. This is because they are often a lot more complicated and can take longer for the defendant to accept liability.

The time it takes for all personal injury claims to settle varies depending on the individual circumstances. On average the following types of claim take:

• Road Traffic Accident:  4-9 months
• Workplace Accident:  6-12 months
• Medical Negligence:  12-36 months
• Industrial Disease:  12-18 months
• Public Liability:  6-12 months

The type of injury or illness that you have developed as a result of an accident or negligent clinical treatment does have an effect on the time it will take your claim to settle. 

At the beginning of the claims process, your solicitor will arrange for you to attend an independent medical assessment. If your injuries are minor, you will be able to attend a medical within a few weeks of the date of the accident, however if you have suffered serious injuries, you may need to wait several months until you have recovered enough to attend a medical.

 In cases where the client has experienced catastrophic, life changing injuries, they may need to attend several medical assessments throughout their recovery period – which could take several years.

Medical assessments are needed to help your solicitor to get an accurate view on the extent of your injuries, how long your recovery will take and what rehabilitation treatment will be needed. This will help to ensure that you will receive maximum compensation for your injuries or illness.

It may take longer to settle your claim if you have multiple injuries. This is because certain types of injuries will take longer to recover from than others, and therefore it may take longer to assess the long term effects of the injury.

If you suffered psychological injuries as a result of the physical injuries that you experienced, it may take longer to ascertain what the long term effects will be.

Your claim will take longer if the defendant denies liability. If the defendant doesn’t offer a reasonable settlement or enter into negotiations, then the claim may end up in court, in order to reach an appropriate conclusion.

It is important to note that the vast majority of personal injury cases are settled before the need to go to court. If your case does end up in court we will represent you every step of the way.

There are certain instances where it is not clear who was responsible for causing the accident, for example:

• Hit and run accidents.
• Cases where you are partly responsible for your injuries. This is known as split liability and can be found in cases such as when someone is injured in a car accident but they were not wearing a seatbelt, which contributed to making their injuries worse.

It is still possible to make a claim in the case of hit and run accidents, with claims dealt with by the Motor Insurance Bureau (MIB). In instances where the blame for an accident is split between both parties, the amount of compensation that you could receive will be split appropriately according to the apportionment of blame.

The amount of time it can take to receive compensation after the settlement amount has been agreed to by both sides can vary. Typically claimants receive their compensation 2 – 4 weeks after the insurer has agreed the amount of compensation.

You may choose to settle your claim early for whatever reason, however you should be aware that by doing so, you are likely to receive a lower settlement amount.

In most cases the defendants’ insurance company will offer you an early settlement offer, in order to save themselves money in the long run. You can choose to accept this, or to instruct a solicitor who will help to negotiate for a higher settlement figure.

Our personal injury solicitors are experienced in handling all types of claims from road traffic accidents, slips, trips and falls to workplace accidents. They will advise you when it is appropriate to accept a settlement offer and when it is worth rejecting an offer in order to negotiate a higher amount.