The amount of time it takes to make and then settle a personal injury compensation claim varies from case to case.
For example, a more straightforward claim for injuries obtained in an auto accident will likely be settled in only a few weeks. However, a more complex medical issue like those obtained by inhabitants of Camp Lejeune could wind up taking years to settle. You can check out TruLaw’s website for more information on this.
Regardless, the wait is often the most tedious part of this process. Here are some things you need to know about how long your injury compensation claim will take.
Factors That Impact How Long Your Claim Will Take
Multiple factors will impact the length of time that a claim takes to be fully complete. This includes:
- The injury type
- The way you were injured
- The time to gather evidence
- If the defendant accepts liability for the accident
- If the identity of the other party is known
Will The Type And Severity Of My Injury Impact My Claim?
Unfortunately, yes, it will. Your solicitor will send you to get a medical assessment at the beginning of your claim to create an accurate record of the damage done to your person.
This report that is generated will become very important evidence to support your case and will also be used to calculate the total amount of compensation that you will receive. The type of illness or injury that you have sustained will be a vital factor in how long your claim will take to be officially settled.
Depending on the severity of your injury, this medical assessment may take anywhere from a couple of weeks to many months to obtain. It might even take years but this only applies to very complex cases.
Determining Liability
If the defendant (the other side) quickly accepts liability then your claim might be settled quickly, too, without the need to go through court proceedings.
If the defendant doesn’t accept any liability or doesn’t provide you with a reasonable settlement for your personal injury compensation claim, you will want to leave it up to your solicitor for the next steps. They will take court action on behalf of you. Although it’ll be a bit time-consuming, it could make the difference between losing or winning a claim!
To avoid the expense of court action, a defendant will often make a settlement offer quickly. But if the fault is found to be on both sides, delays will occur and a split liability agreement will need to be reached.
What If It Is Not Clear Who Is Liable?
If it is not clear who is responsible for your injury, it’s still possible to make a claim. This applies in the case where you were involved in a hit-and-run accident where the identity of the third part is unknown.
You might also be held partially responsible for your injuries if another driver hit your car but you were not wearing a seatbelt at the time.
When Will A Claim Be Settled?
A claim will only be settled after the full extent of any suffering and pain is made known. In the final award, there will be a consideration of costs including a loss of earnings (past or future), medical needs, and any additional support you may need on your journey to recovery.
As the claimant of your case, you are fully entitled to settle your claim at ant time. This means you can accept the first offer as soon as it is received or you can ask your solicitor to negotiate for a fairer and much higher amount.
Your solicitor will step in at this stage to advise you about the best course of action. Their experience and knowledge will be vital at this stage.
To guarantee you receive the best possible compensation for your suffering, a solicitor will advise that a claim be settled only when the full extent of the injuries is made known.
Receiving Compensation
Compensation offers will only be made by the defendant or their insurance company at any time during the claim process. An insurance company will likely make a lower medical offer before a claimant contacts a solicitor about the next steps, which is done with the view of paying out less money.
Summary
There is no set time frame for resolving a personal injury compensation claim. Instead, it varies depending on the person and the individual circumstances of the claim being made.