How long will my personal injury case take to settle?
When meeting new clients and taking on claims for personal injury, one of the first questions that we are often asked as personal injury practitioners is “how long will my case take to settle?”
Unfortunately, this is a difficult question to answer. It tends to be case specific and is dependent upon a number of factors:
- What further evidence is required before we can submit a claim for personal injury and loss on your behalf to the person who we deem to be at fault.
- Whether responsibility for your accident or illness is accepted at an early stage by the person at fault or whether further evidence is required before a decision can be made as to whether the claim can be pursued.
- What the extent of your injuries are.
- Whether you require further treatment to assist in your recovery. If this is the case then it depends on when we are able to obtain a final medical report detailing the extent of your injuries and loss.
- What further evidence we will then need to calculate the financial losses that flow from the injuries or illness that you have suffered, and when we can obtain the information required.
Once the above information has been gathered, then your case can either proceed to a settlement, normally by way of negotiation with the person at fault (or more likely their insurer.) Or if fault has not been admitted and we are still of the view that the case should be brought against the person who we deem to be at fault, then at a court hearing.
Fortunately, the vast majority of cases are settled without proceeding to court.
Therefore, the answer to the question “how long does will my case take to settle?” is:
It may only take a few months to settle your claim for personal injury and loss if:
- responsibility is accepted quickly by the person who we deem to be at fault and
- you are able to recover from your injuries to such a point that we are able to obtain a medical report providing us with a final opinion as to the extent of your injuries or illness arising from your claim; and
- we can therefore value the matter swiftly and proceed with your claim to settlement.
- where fault is not as readily accepted by the person who we deem to be responsible; and / or
- accidents or incidents that cause more severe injuries and symptoms which result in you requiring ongoing treatment before we can obtain a final medical opinion and prognosis may take much longer before a settlement can be reached. These cases can take a number of years.
It is worth remembering that as personal injury practitioners, we are here to guide you through the personal injury claims process, and to assist you through to the conclusion of your claim as quickly as possible. This includes obtaining appropriate treatment for you where necessary to aid your recovery.
If you would like any advice or assistance arising out of an accident or incident that has occurred in the last 3 years, and would like to pursue a personal injury claim, please contact our Louise Plant on 01473 232121 or email email@example.com.