The duration of personal injury claims can vary depending on several factors. On average, claims can take anywhere from a few months to a few years to resolve. Factors that may affect the amount of time your claim takes include:

• The complexity of the case: more complex cases, such as those involving severe injuries, multiple parties, or disputed liability, may take longer to resolve as they require more investigation and negotiation.
• Injuries that require ongoing medical treatment: a claim may take longer if the full extent of your injuries is not understood or if your diagnosis is unclear. Your solicitor may need to wait until your condition stabilises before they can accurately assess how much compensation you are entitled to. This can delay the claims process.
• The actions of the other party: if the reponsible party is cooperative and admits liability early on, your claim is likely to be resolved more quickly. However, if they dispute liability or the amount of compensation, the process may take longer
• The duration of negotiations between the parties regarding your settlement: if both parties can reach an agreement, your claim will be resolved quicker. If they cannot agree, your claim may need to proceed to court, which can be a lengthy process and impact the duration of your claim.
• Whether you settle out of court: if your claim goes to court, the process can take significantly longer due to the need to prepare for and conduct hearings, as well as potential delays in court scheduling.

To increase the chances of your claim being resolved more efficiently, the following steps may help:

1. Seek medical attention promptly following an injury and follow your doctor's advice to ensure your recovery is well-documented.
2. Keep records of all expenses and losses related to the injury, such as medical bills, travel expenses, and lost income.
3. Notify your solicitor as soon as possible after the incident.
4. Cooperate with your solicitor and provide them with all the necessary information they request.

Remember, each personal injury claim is unique, and the time it takes to resolve can vary significantly. In some cases, we will be able to secure interim compensation payments so you can cover any urgent medical care you require while the claim is ongoing. It is essential to consult with one of our qualified solicitors so you can receive tailored advice and guidance on your specific case.

Generally, you have three years from the date of the accident (or the date when you first became aware of your injury, if it was not diagnosed immediately) to file a claim. However, there are some exceptions and variations to this rule.

If the injured person is under 18 years old, the three-year limitation period does not begin until their 18th birthday. This means they have until their 21st birthday to start a claim. Alternatively, a parent or legal guardian can initiate a claim on their behalf before the child turns 18.

If you are making a personal injury claim on behalf of an injured person who lacks the mental capacity to act for themselves, there is no fixed time limit for making a claim. The three-year limitation period will only start if they regain mental capacity; in cases where the person does not regain mental capacity, the time limit will not be imposed on them.

Speak to one of our expert personal injury lawyers as soon as possible to get your personal injury claim started. It is crucial to seek legal advice at the earliest opportunity to ensure you do not miss any deadlines and have the best chance of success. Your personal injury solicitor will guide you through the entire process of making a claim.

Personal injury claims can often be settled out of court and we will always prioritise this approach, as this can help you to get the payout you deserve as soon as possible. Settling a claim out of court can save time, money and stress for both parties involved, as court proceedings can be lengthy.

An out-of-court settlement typically involves negotiations between the injured party's solicitor and the responsible party or their insurer. If both parties can agree on the liability and the appropriate amount of compensation, a settlement can be reached without the need for a court hearing.

To have the best chance of success, you will need to work with an expert personal injury solicitor to gather as much supporting evidence as possible and present a strong claim.

Although settling out of court can be advantageous, if negotiations stall or the responsible party disputes liability, you may need to proceed to court to resolve your claim. Your solicitor can advise you on the best course of action based on the specific circumstances of your case.

When court proceedings are issued for your personal injury claim, it means that your claim could not be settled through negotiations and must be resolved through a court trial. The following steps provide a general overview of the court process for personal injury claims:

• Try to resolve the issue without court - both parties try to exchange information and settle the claim without going to court.
• Prepare a claim form - if the issue cannot be resolved, the person making the claim (claimant) has a legal professional write a claim form with details about the injury and compensation sought.
• File and pay for the claim - the claim form is submitted to the court, a fee is paid, and the court provides a unique claim number.
• Inform the other party - the claim form is given to the person being sued (defendant), usually within four months from when it was issued.
• Defendant responds - the defendant has 28 days to either admit they are at fault or defend against the claim. If they do not respond, the claimant can ask for a default judgement.
• Assign a case track - the court decides on the complexity and value of the case and assigns it to a small claims track, fast track, INTERMEDIATE TRACKor multi-track.
• Plan the case - the court sets a timetable for exchanging evidence, sharing documents, and providing witness statements.
• Pre-trial review - a meeting may be held to ensure everyone is prepared for the trial and to discuss any unresolved issues.
• Trial - if the case cannot be settled outside of court, a trial is held where both parties present their evidence, and a judge decides the outcome.
• Judgment and costs - the judge announces the decision, and the losing party usually has to pay the winning party's legal costs.
• Enforcement - if the losing party does not pay the awarded compensation and costs, the winning party may take action to recover the money.
• Appeal - if either party believes the judgment was incorrect, they may appeal to a higher court, usually based on legal errors or procedural mistakes during the trial.

It is crucial to have a qualified solicitor represent you during court proceedings to ensure your interests are protected and to navigate the complexities of the legal system effectively. Call our team today if you are concerned that your current solicitor is not right for you, and you are facing court proceedings.