If you have been involved in making any type of personal injury claim, then it will not be any news to you that the length of time it can take for a claim to settle can vary. A simple road traffic accident claim can take from a few weeks up to around 18 months to settle, but a medical negligence claim can take up to a few years.
There’s no real set time limit, it all depends on the type of accident you experienced, the severity of the injury and the simplicity of the case. Each claim is unique, so each claims process will take a different amount of time. This article looks to give you a better idea on what might contribute to the time it takes to settle your claim. If you have been involved in an accident, you may be asking the question ” how long does a compensation claim take to settle?”
What will affect how long the claim takes to settle?
There are many individual factors that can contribute to how your claim is processed. Some of these include:
– The type of accident e.g., Work accident claim
· The type of injury and severity of the injury
– The reason you were injured e.g., was it down to negligence?
– The time needed to gather evidence.
– The amount of clear evidence/ lack thereof- The more evidence you have, the quicker your claim will be processed.
– Whether there is a settlement or Court proceedings.
At the start of your claim, your solicitor will arrange for there to be an independent medical assessment. This assessment will provide a professional opinion on the extent of your injuries. The medical evidence on the severity of your injuries is a critical piece to help calculate your compensation.
The medical report will help calculate your compensation because it will provide a good idea on the recovery time, future medical costs, potential loss of future earnings from time off work and any other support that will need to be funded.
Psychological trauma can be one of the biggest medical factors that can lengthen the time it takes for the claim to be settled. Determining, and valuing a psychological injury can be complex. A psychological professional will be required to analyse your state of mind through multiple sessions over a period; therefore, increasing the amount of time to determine compensation.
How circumstances affect your claim duration
Claims that are worth less than £25,000 and are regarding road traffic accidents, accidents at work or a public place, will be processed through a Pre-Action Protocol. In short, this means that the claim will be processed through the online Ministry of Justice claims portal. This means that the defendant’s insurer has 35 days to consider the evidence and make an offer. The claims portal process is likely to take around 4-9 months, however they can take longer.
Claims of medical negligence are usually one of the most complicated processes. A general guide to time is 6-12 months if the care provider accepts liability. Although, if liability is not accepted, it can take around 12-18 months.
When it comes to industrial disease claims, as long as a medical prognosis has been made and liability has been accepted, then the claim should be quite straight forward and usually settled quickly.
How long does it take to get compensation?
Compensation offers are made primarily by either the defendant or their insurance company. If the claim makes it to the court, then the judge will decide on the compensation amount. Although, in most cases, it will end with a quick settlement offer. Defendants will want to avoid paying court expenses if they lose the case so try to settle a deal outside the walls of the Court.
The time it takes to receive payment after the insurance company accepts liability is usually quite fast. It usually gets paid within the first 2 weeks to 1 month. This is paid out directly to your personal injury solicitor, they will then deduct their fee from winning the case and the rest is paid to you.
If you are unable to work due to your injury, you can be awarded an interim payment. An interim payment is a portion of the compensation award paid in advance. This payment helps the claimant cover immediate expenses like medical bills or repairs.
How long does a compensation claim take to settle?: Can I speed up my claim?
As the claimant, you are practically in control of accepting or declining offers that are made. It’s known for insurance companies to try to encourage claimants to accept pre-medical offers quickly. These offers usually happen before you have a solicitor and are an offer that’s significantly lower than what you deserve. If speed is your main concern, then you can accept this offer, or any offer at any stage.
Sometimes, allowing the process to take a little extra time can work in your favour. A stronger case with sufficient evidence, accepted liability, medical reports will lead to a better chance for higher compensation.
How long does a compensation claim take to settle?: Should I expect Delays?
Usually, the processing claims should be quite straight forward. Although, due to the recent Covid-19 pandemic, the legal system in general has been affected. With solicitors working remotely, some courts remaining shut and the building pressure on medical professionals, making a claim has become a lot harder.
Solicitors and insurance companies are working together to ensure that the pandemic does not affect the claims process as badly as it could be. Now with technology, face-to- face processes can now be carried out on video-based communication platforms. At Wildwood Legal we want to make
sure we do our best to adhere so any government guidelines whilst providing the best experience for our clients too.
How can Wildwood Legal help?
As you can see, there are a wide variety of factors that can determine the amount of time it can take for your compensation claim to settle. The process can be difficult to go through alone- that is why we are here to help. Wildwood Legal is a firm that specialises in all sorts of personal injury claims that focus on getting people who have unfortunately been involved in an accident that was not their fault.
If you believe that you have unfairly experienced an accident, then contact us today and make a claim. One of our specialists will help guide you through the claims process. The types of claim we can assist with include medical negligence, road traffic accidents, employers liability claims, public liability claims, and industrial disease.
We promise to guide you through every step of the claims process and do our very best to get the maximum possible level of compensation for you. You can contact us by phone 01423 209 046 or by email firstname.lastname@example.org.
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