How Long Does a Compensation Claim Take to Settle?

There is no set length of time a compensation claim takes to settle – just as there is no set amount of compensation you could be awarded. It will all depend on the type of accident you’ve experienced, how severe your injury is and whether your claim ends up in court.

In this guide, we’ve answered some of the most commonly asked questions on this subject – such as:

• How long does a personal injury claim take?
• How long does it take to get paid after a settlement?
• Can I settle my claim early?
• Why is my compensation taking so long?

Keep reading to find out more. Or, for advice that’s tailored to you, get in touch with our knowledgeable legal services team by filling out our 30-second form.

How long does a personal injury claim take?

Whether you were injured in an accident or suffered medical negligence, your claim is unique to you. This makes it difficult to say exactly how long your claim could take without speaking to you.

For example, a case of whiplash suffered in a car accident will usually be much quicker to settle than a complex case of medical negligence. This is especially true after the government’s introduction of an online portal for road traffic accident claims.

Generally, the more difficult it is to prove a claim, the longer it will take to settle. Your solicitor will need to put evidence together to support your case, and they may need more time to do this if your case is complex.

For instance, your solicitor may arrange for you to be seen by a medical expert who will provide an assessment of your condition as evidence. But where injuries are more severe, it’s not uncommon for these medical experts to ask for more time before providing a full review.

So although a relatively straightforward claim could take around six months to settle, more challenging cases can take three years or more to come to an end.

But while you’ll need to begin a claim within three years of your accident, there is no deadline for a case to be settled. So running out of time isn’t something you’ll need to worry about.

How long does it take to get paid after a settlement?

In most No Win No Fee claims, your compensation will first be sent to your solicitor – they will then take their payment from this amount.

This could be up to 35% of your final settlement plus VAT for road traffic accidents, or no more than 25% for other injury claims. After your solicitor has been paid for their work, you will be sent your compensation.

From the day your case is settled, it could take up to 28 days to receive your payout. But in many cases, it will be much faster. You may be able to get your compensation within just a few days of your settlement being agreed with certain insurers.

If your solicitor has your bank details, they’ll be able to pay your compensation directly into your account. If they don’t, they’ll likely send you a cheque – this could mean that you have to wait a bit longer for the payment.

Can I settle my claim early?

You’ll always have the option of accepting an offer of compensation and settling your claim early. But this could be a mistake, especially if your solicitor thinks a larger settlement could be achieved through further negotiation.

It can sometimes be difficult to know the full extent of your injuries when an accident has just happened. So you could find yourself in a position where you accept an offer that doesn’t fully reflect the long-term impact on your life.

You should also consider any future financial losses related to your injuries. For example, if you’re not able to do the job you did before, your future income could be affected. It’s important that this is factored into your compensation as well as any losses you’ve already suffered.

If you’re thinking about accepting an offer early because of financial struggles, it could be beneficial to talk to your solicitor about interim payments. This is where you are awarded a part of your compensation before the case is settled, so you can address any immediate costs.

Why is my compensation taking so long?

There are a few reasons why your claim could be delayed. Some of the most common include:

• Difficulty tracking down the responsible individual
  This will usually apply in cases of hit and run where another road user has caused you harm and failed to stop. In these instances, a solicitor may refer your claim to the Motor Insurers’ Bureau, which has its own timescales for investigations.
• Liability being denied
  If the other side is denying any responsibility for your injuries, your solicitor will need to go away and gather further evidence to prove your claim. This may add weeks or months to the time it takes for your case to settle.
• Longer recovery times
  It’s important that medical evidence is updated throughout your recovery so that the full extent of your injuries is recorded. If you’re likely to need a longer recovery period, it may affect the amount of time it takes for your solicitor to gather and submit this evidence.

After an initial consultation, your solicitor will be able to give you a better idea of how long your claim could take. They will then do their best to make the process as stress-free as possible, keeping you updated at every stage.

To be matched with one of our specialist injury solicitors, all you have to do is talk to the team at First4Lawyers. We’ll have a no-obligation chat with you about your situation and set out your options.

Just give us a call on the number at the top of the screen or start your claim online and we’ll get back to you.

Note: First4Lawyers offers this information as guidance, not advice. Before taking any action, you should seek professional assistance tailored to your personal circumstances.