How Long Does a Personal Injury Claim Take?

One of the most common questions we get asked during initial consultations is: how long is this going to take? 

Many personal injury claims settle within 12–18 months, although more complex claims, particularly those involving serious injuries or disputes over liability, may take several years. There is no fixed timescale for settling a personal injury claim.

Our experienced Personal Injury Solicitors will guide you through each stage of the process, keeping you informed and working to progress your claim as efficiently as possible.

Key Takeaways:

• Most claims settle within 12-18 months, although this can vary and there is no fixed timescale.
• You start a claim with an initial consultation, from there your solicitor will send the claim to the defendant, where they will establish liability. Evidence is then gathered to access the value of the claim, which is completed through settlement or court proceedings.
• There is a range of things that determines how long a claim will take, including admission of liability, severity of the case and whether it is taken to court. 
• You shouldn’t let the timeframes put you off, our solicitors will be there to guide you through every stage of the process. 

Stages of a Personal Injury Claim 

Understanding the personal injury claims process can help you know what to expect and why certain stages may take longer than others.

Initial Consultation and Investigation

The first step is to meet with one of our dedicated Personal Injury Solicitors who will take the initial details of the accident in order to understand, what has happened, why the prospective Defendants (the person or organisation that you are making a claim against) are liable and what they implications are for you. 

At this stage we will also start to gather:

• Photographs of the incident or injuries
• Accident reports
• Relevant medical records
• Evidence of financial losses

Notifying the Defendant and Establishing Liability 

Once we have gathered the relevant evidence, the claim will be prepared and sent to the Defendant or their insurers. They will then start their own investigation, before responding with either an admission or denial of liability. 

If liability is admitted, the claim can usually progress towards assessing the compensation you may be entitled to.

However, if responsibility is disputed, further investigations and evidence may be required, which can extend the overall timescale.

Medical Evidence 

Regardless of if the Defendant admits liability or not, if the claim is proceeding, we require an independent medical expert witness to produce a report on a Claimant’s (the person making the claim) injuries. 

This can be a straightforward process if the Claimant is recovered or the prognosis is clear. However, in cases of much more serious injuries, multiple experts may be required of various expertise or simply waiting for an injury to fully mature before the evidence can be concluded. 

Calculating the value of the Claim

The value of the claim is made of two components, including:

• General Damages – this is assessed by the independent medical evidence and covers compensation for pain, suffering and loss of amenity.
• Special Damages – Compensation for financial losses and expenses resulting from your injuries.

In cases of much more serious injuries, significant future financial losses can be claimed, such as injuries preventing a Claimant from returning to work.

Negotiation and Settlement

If liability is admitted or the Defendant is open to settlement, we then engage with negotiations. 

We will use the assessment of the value of the claim, as well as any associated risk, to determine an appropriate settlement figure. Securing as much compensation as possible depending on the circumstances of each individual case. 

Court Proceedings

If liability has been denied, or settlement negotiations are not successful, steps must be taken to resolve the claim through issuing and serving Court Proceedings against the Defendant. 

This does not necessarily mean the matter will proceed all the way to trial, however the court will set a timeline by way of directions for disclosure, witness evidence, expert evidence etc. Settlement is possible is throughout this process if the Defendants are amenable to the same, but a Claimant must be prepared to proceed to trial if the merits remain high enough and no settlement can be achieved without it. 

What affects how long a personal injury claim takes?

Each of these stages can present their own distinct challenges which can cause delays, including:

Liability 

One of the most crucial is if the Defendant admits liability. If they do, the Claimant only has to prove the value of the claim to achieve a level of damages. This still takes time collate the medical evidence and losses, but this does make it possible to resolve the claim in 6-12 months assuming there are no other aggravating factors, but this is in no way a guarantee. 

Severity

In cases of very serious or life-changing injuries, claims can take several years to resolve. This may be due to the sheer volume of evidence involved, the number of experts and sometimes because of the developing nature of the injuries. It can take a long time to calculate complex loss claims, notwithstanding dealing with any issues concerning liability. Your solicitor may also have to involve multiple third parties such as barristers, care providers and case managers, all of whom have different availabilities that can delay progress. In particular, if a less-common medical expertise is required, the expert will be very in-demand, meaning getting an appointment could take several months. 

Court Proceedings

Should Court proceedings be necessary, this can drastically prolong your claim. It is a very technical process that requires in an in-depth understanding of the Civil Procedure Rules, at Smith Partnership we are very experienced in matters of complex litigation and can help guide you through every step. Court Proceedings involves a number of steps, including: 

• Issuing and serving court proceedings. 
• Disclosure of documents by each party. 
• Exchange of witness statements. 
• In some cases, getting updated medical evidence. 
• Potential trial (should a settlement not be possible).

What Can I Do to Speed the Process Up?

Whilst many of the factors that can cause delays, are out of our control, there are practical steps that you can take to assist the process including but not limited to:

• Provide your solicitor with accurate information and documentation promptly and without delay.
• Keep an accurate record of financial losses such as receipts, wage slips etc.
• Tell your solicitor about any changes to your circumstances as and when they occur.
• Respond to requests for evidence, information or instructions promptly.
• Comply with any appointments made with medical expert witnesses.

How Can We Help?

Please do not let the time take to resolve a claim, deter you from seeking legal advice. Smith Partnership will guide you through the personal injury claim process, investigate liability, obtain independent expert evidence and assess the compensation required for treatment, rehabilitation, care, lost earnings and future needs.

If you or a family member has suffered a serious injury and you would like to understand your options, contact our team on 0330 123 1229, complete our contact form or email info@smithpartnership.co.uk.