“How long will my claim take?” is the most common, if not the first, question we receive from clients within the personal injury department at Stephensons.
Unfortunately, there is no one size fits all answer. Every claim is unique and can take anywhere from a few months to several years to conclude, depending on the circumstances of the case.
At Stephensons, we assess each claim individually and gather the necessary evidence. There are two key factors that usually have the biggest impact on the timescale of a claim, liability and medical evidence.
Has responsibility been accepted?
Liability refers to who was at fault for the accident.
If the Defendant admits liability at an early stage, the claim is often more straightforward and can progress more quickly. In these cases, the focus usually shifts to understanding the extent of the injuries and valuing the claim appropriately.
However, if liability is denied, additional investigations may be required. This can involve obtaining witness statements, CCTV footage, accident reports, photographs, expert evidence or other documentation to establish responsibility. Disputes regarding liability can significantly increase the length of time it takes to resolve a claim.
Understanding the full extent of your injuries
Medical evidence is one of the most important aspects of any personal injury claim.
As part of the claims process, we will arrange for you to be examined by an independent medical expert. The expert will assess your injuries and provide a report detailing the nature of your injuries, whether they were caused by the accident, and your expected recovery period.
In some cases, a claimant may have suffered multiple injuries requiring evidence from several specialists. For example, someone injured in a road traffic accident may require reports from an orthopaedic expert and a psychologist.
The more serious or complex the injuries, the longer it may take to obtain a clear prognosis. This is often because medical experts need time to see how a person's recovery progresses before they can provide a long term opinion.
Why you should not settle too early
Many clients understandably want their claim resolved as quickly as possible. However, settling a claim before the full extent of an injury is known can be risky.
Once a claim settles, you will generally be unable to seek further compensation, even if your symptoms worsen or you discover additional accident-related problems at a later date.
For that reason, we usually advise clients to wait until they have recovered or until medical experts can provide a reliable long-term prognosis. This helps ensure any compensation accurately reflects the impact of the injuries and any future treatment or rehabilitation needs.
In most cases, you have 3 years from the date of the accident, or from the date you became aware that your injuries were linked to the accident, to start a personal injury claim.
There are some exceptions to this rule, particularly for children and individuals who lack mental capacity, but also the time period can be shorter for certain types of accident, so it is always advisable to seek legal advice as soon as possible.
How can Stephensons help?
Our specialist personal injury solicitors will guide you through every stage of the claims process, explain what evidence is needed, and provide realistic updates on likely timescales as your claim progresses.
If you have been injured and would like advice about bringing a personal injury claim, contact Stephensons on 0161 696 6235 or complete our online enquiry form and a member of our team will be happy to help.
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