When individuals are involved in accidents or incidents resulting in personal injury, one of the primary concerns is often the timeline for settling a claim. While every case is unique and influenced by various factors, understanding the general process can help manage expectations and alleviate some of the stress associated with navigating a personal injury claim.

The timeframe for settling a personal injury claim can vary widely, ranging from a few months to several years. Numerous factors contribute to this timeline, including the complexity of the case, the severity of the injuries, whether a complete recovery will be made and the willingness of the parties involved to negotiate and reach a resolution.

Below, Simon Lovelock, a Chartered Legal Executive and personal injury expert, explains the typical stages of a personal injury claim and the factors that can influence how long each stage may take.

Initial consultation and investigation
The process begins with an initial consultation with a personal injury lawyer. We have several specialists at Boys & Maughan who can assist. During this meeting, the lawyer will gather information about the incident, assess the viability of the case, and explain the legal options available. A decision will then be made about whether we can pursue the claim on a No Win No Fee basis.

Following this, an investigation into the circumstances surrounding the accident and injury will commence, which may involve collecting documentary or photographic evidence, interviewing witnesses, and obtaining medical records.

Timeline: Because a lot of this work involves the cooperation of third parties, the timeframe for this stage can vary considerably depending on the complexity of the case, the availability of evidence and how quickly the third party can release that evidence to us, but is typically between 2 – 6 months.

Medical Treatment and Evaluation
The injured party must receive appropriate medical treatment for their injuries. This may involve visits to doctors, specialists, therapists, and other healthcare providers. It is crucial to allow an injured person’s treatment to be taken as far as possible and for their condition to stabilise and reach a final plateau of recovery, before concluding the claim to ensure that the full extent of the past and future damages can be assessed.

In cases where a full recovery will not be possible, or will take a very long time, we can settle your claim based on an expert medical opinion on your long-term health prospects.

Sometimes we can help clients to get some of their compensation while the claim is still in progress. These payments are called interim payments.

Timeline: The duration of medical treatment and reaching a final plateau of recovery can vary significantly depending on the nature and severity of the injuries. It may range from 2-3 months for minor injuries to 1-2 years for more severe or long-term injuries or conditions.

Submitting the claim and negotiation
When a claim is submitted there are 2 main issues that need to be resolved.

The first issue is called “liability” and relates to who is legally responsible for causing the accident and injury.

The second issue is called “quantum” and relates to how much the injured person should receive in compensation.  

There are 2 main protocols which need to be followed to initially submit a claim. Which protocol is used depends upon the value of the claim.

Those with a value of £25,000.00 or less must be started in the online Ministry of Justice Claims Portal. The intended purpose of the Claims Portal is to try to streamline and speed up the claims process where possible. Once the claim is submitted through the Portal, and depending on the type of accident involved, the opponent has between 3 and 8 weeks to reply indicating whether liability for the accident is admitted or denied. If the opponent does not reply within this timeframe, the claim automatically falls out of the Portal and continues offline. The opponent then has a maximum of 3 months to reply starting from the date the claim was submitted.  

Those claims with a value over £25,000.00 must be started using the Personal Injury Pre-action Protocol which involves writing a formal Letter of Claim to the person or organisation who caused the accident setting out details of the claim. The opponent must reply within 3 months of receiving that letter indicating whether liability for the accident is admitted or denied.

If liability for the accident is admitted, no further work needs to be done on that aspect of the claim and the focus can move to gathering the evidence to value the claim and assessing how much compensation should be claimed.

If liability is denied the reasons for that denial need to be considered and further investigations might be needed to determine whether the prospects of success are still high enough to justify continuing with the claim. Sometimes, it may be necessary to involve a barrister in that assessment. This can extend the timeframe for the case as a whole. 

Once the injured person has completed their medical treatment and reached a final plateau of recovery, their solicitor will instruct a suitable independent medical expert to prepare a report setting out the injuries they have suffered, the treatment they have received and a prognosis for future recovery or deterioration. It may sometimes be necessary to obtain reports from experts in a number of different medical specialisms.

Timeline: If the other party involved in your accident admits liability for the accident, we will be able to get your compensation more quickly than if they deny liability.

Negotiations with the insurance company’s legal team can take time as both parties may need to exchange offers and counteroffers before reaching a settlement. Once negotiations have started the timeframe for reaching a settlement can range from a few weeks to several months.

Litigation (if necessary)
If a fair settlement cannot be reached through negotiation, the next step may involve proceeding to litigation. This involves issuing formal legal proceedings in court. Those proceedings will then follow a timetable which will include the disclosure of relevant documentary evidence and the exchange of witness statements by both parties, the updating of any expert medical evidence and discussions between the medical experts appointed by both parties to try to narrow the medical issues involved in the case.

It is still possible to continue negotiations in the background while the legal proceedings are continuing and a large number of cases often settle during this period. However, if a settlement is still not possible the claim will have to proceed to Trial.

Timeline: Litigation significantly extends the timeline for resolving the claim. Depending on the complexity of the case, the timetable set by the court, the waiting times for court hearings and various other factors, it can prolong the process by approximately 18 months to 2 years.

Settlement or Judgment
Ultimately, the claim will be resolved either through a settlement reached between the parties or a judgment issued by the court if the case goes to Trial.

Timeline: If a settlement is reached, it can take a few weeks for the necessary paperwork and payments to be processed. If the case goes to Trial, the final resolution may take several months or longer.

Your next steps
While there is no fixed timeframe for settling a personal injury claim, understanding the typical stages and factors influencing the process can provide clarity and manage expectations for those involved. Working with an experienced personal injury lawyer, such as those in our team, will help you navigate the complexities of the legal system and strive for a fair and timely resolution to your claim.Top of Form

Call us on 01843 234000 or fill in the form on this page to start a free consultation with one of our lawyers about your case.