The length of the claims process depends on several factors, as every situation is different. Certain circumstances, ranging from the severity of injuries to whether or not the defendant decides to accept their liability, can make the difference between a claim settled in six months, and a claim that takes a few years or more.
In the first stage of the process, your solicitor will need to gather evidence about what happened, and delays may arise if third parties (such as hospitals or employers) do not provide records within an appropriate time. We need to collect witness statements, reports from independent medical professionals and other strong evidence to give us the best chance of an early resolution. Our personal injury solicitors will always try to complete this stage as quickly as possible, but we won't compromise on gathering as much evidence as possible.
When a letter of claim is sent, the defendant will have a few months to investigate the accident. Some defendants accept liability immediately, while others will take the time to investigate and potentially argue that they were not at fault. If the other party says that you contributed to your injury, we may need to collect further evidence to support your case.
If multiple parties are involved, or liability depends on specialist technical evidence (e.g., in cases involving machinery or road layout), this will also take longer. If the case proceeds to court, this can add significant delays due to the availability and timetable of court dates and the need to prepare for the court process. Wherever possible, our team will aim to settle your claim out of court, and we'll keep trying this approach until the court date begins, or it becomes clear that a negotiated settlement will not fairly account for your needs.
For claims involving complex injuries, we may need to wait and see how they develop before we calculate how much compensation you may be owed. Any changes in your medical situation can also lead to delays. However, we'll make sure that any relevant time limits are met and keep you up-to-date on our progress as the claim unfolds. In some cases, your solicitor may be able to secure interim payments, which means you'll receive part of your compensation before the legal process concludes. This can help to cover any urgent financial needs and prevent any delays in the compensation claims process from having a negative impact on your recovery.