How long does it take to pursue an injury compensation claim?

A man using a mobile phone and looking at the aftermath of a car crash

Sometimes people can be put off pursuing an injury compensation claim as they think it will take too long. Since 2016, however, there has been a strict protocol in place for all accidents claims (with a value of under £25,000). These cases move at a fast pace. Many will resolve within months, so long as the insurance company makes the right settlement proposals within the protocol timeframe. If they don’t, then a court action can be raised. These days, most personal injury actions take around twelve months to go through court.

Should I seek legal advice quickly after an accident?

Looking after your health is the priority of course. If your accident was someone else’s fault and you think you may have a claim, then you should immediately think about gathering evidence. Take photos of where the accident happened. If it happened at work, make sure it is reported. Note down details of any witnesses, in particular, their phone numbers. Write down how your symptoms make you feel and the sort of help that family members are providing on a daily basis. This information is all relevant and can often be forgotten as time passes. Your case will be made easier and more likely to succeed, the more information that’s gathered in the early days.

Do I need a lawyer to pursue an injury claim?

Often after road accidents, insurance companies will try to settle a claim directly with you. You should always consult a lawyer. Regularly we can be contacted by a person who has just received an offer from an insurance company and doesn’t know whether to accept it. In almost all cases, the offer is well below the likely value of the claim. Steps are taken to gather the appropriate medical evidence to prove the true value of the case.

Does it need to be a specialist personal injury lawyer?

Your case is extremely important to you. It’s always recommended that you do your homework on a law firm. Check whether a qualified solicitor will be dealing with your case. Don’t be afraid to ask how many cases the solicitor is handling at the one time. Check out the firm’s reviews. Good specialist personal injury lawyers don’t dabble in other areas of law. Although the circumstances of an accident might be straightforward, all cases have their complexities. Claims involving accidents at work involve intricate knowledge of the vast area of “employers’ liability” law.

Do I need to have fully recovered from my injuries before my claim can be settled?

Ideally, a case should not be resolved until that point, or at least until medical experts are able to provide a clear prediction. Once a case is settled, you cannot go back for more, except in very particular circumstances. Both the physical and psychological impact of an injury should be fully considered by medical experts before a case is concluded.

Will I under-settle my claim if I want it over quickly and accept a first offer?

What matters is how any offer compares with what a court is likely to award you. Your lawyer will guide you. On some occasions a first offer is in line with, or perhaps even more than, a judge would award, and it should be accepted. In most cases that doesn’t happen, and there will be further negotiations. If a good enough offer is never made, your lawyer will recommend that a court should decide on the award.

Contact us

  • Email us
  • Call our personal injury claims team free on 0808 560 0872
  • Arrange a callback by using our enquiry form

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