We are often asked by our clients: “How long will my claim take?” and we would generally advise that it is unlikely that their claim would be finished in a period of weeks. A timescale of months is often more realistic.
No two claims are ever the same, so an accurate estimate at the outset is not possible as it depends on many factors. One of our jobs when handling your claim is to constantly monitor progress and decide on the next step required in order to keep things moving as quickly as possible. It should always be possible for us to give you at least a rough idea as to how much longer your claim is likely to take.
The main elements, which may affect the length of the process are examined in more detail below:-
Is Liability for the Accident Admitted?
Once a claim has been submitted to the Defendant (usually an insurer) their liability decision determines the length of time the claim will take. If a Defendant admits liability, then this speeds up the process considerably. If, however, liability is denied then you may expect the claim to last considerably longer, usually 12-24 months in most cases. This is because the Solicitor (and often a Barrister) will need to assess why the Defendant has denied liability, then gather evidence to try to prove the case. This usually involves speaking to witnesses, obtaining documents and other evidence as well as organising meetings with the Barrister, called conferences. At a conference the Barrister will test the evidence and advise on whether the case should be pursued. Generally speaking, if the Barrister advises that the claim has a better than 50/50 chance, it will be pursued further.
How Serious Are the Injuries?
The time it takes the injured person to reach their “final state” (the point at which their recovery has gone as far as it will ever go), differs from person to person. Injured people should not generally settle their claim until they reach that point as it will be very difficult to accurately value the claim. Where a Claimant has suffered multiple injuries (and these may be psychological as well as physical) that will make the claim more complex and liable to take longer to conclude. If you have largely recovered from your injuries by the time you consult us (and liability is admitted) then the conclusion of your claim should occur within a period of 6 months.
Medical Evidence
In all cases it is usually essential to obtain medical evidence by obtaining a report from a suitable expert. Prior to this report, the Solicitor will need to obtain copies of medical records from the injured person’s GP and any hospital or medical institutions they may have attended. This usually takes about 6 weeks, but in some cases there can be significant delays. This is generally due to understaffing in the NHS.
Once medical records have been obtained and reviewed by the Solicitor, it is not unusual to have to wait between 6 -12 weeks for an appointment with the medical expert. Generally speaking, most medical experts will supply their report within 2-3 weeks after the appointment. The medical report needs to be checked carefully by the Solicitor and the Claimant. There may be further questions for the expert, or the expert may recommend some further treatment or a second report from another Specialist. This can add many weeks to the process.
Returning Documents
There are a number of forms, identity documents and authorities which clients need to complete, sign and return before we are allowed to progress their claims. Dealing with these as soon as possible enables Solicitors to proceed quickly. Any delay in returning documents will of course mean that the claim takes longer to resolve.
Delays by the Opponent
Many insurance companies and local authorities take weeks to reply to reply to even the simplest letters. There are time limits imposed by protocols, which unfortunately are routinely ignored by many defendants, thereby delaying matters.
There can sometimes be problems arising from the status of the opponent in the claim. Limited companies can be dissolved or struck off the register and it may sometimes be necessary to restore such a company to the register which again would increase the time the claim will take to conclude.
Court Proceedings
If a settlement cannot be negotiated with a Defendant then it may be necessary to start Court proceedings. When this happens, insurers have to pass the claim to a firm of Solicitors. Generally speaking, it is possible to negotiate with those Solicitors and ideally a settlement could be reached within 3 – 6 months. However, if negotiation is not possible, and you are advised by your Solicitor to continue to pursue the claim, then the matter will go to a trial and a Judge will decide if your claim succeeds or not. If your case is successful, the Judge will then assess the value of your claim. From starting the Court proceedings to the final hearing in front of the Judge, usually takes between 12 – 18 months, although the claim may settle at any stage between the start and finish of the Court timetable.
Whilst we cannot accurately predict how long a claim will take, our team is dedicated to dealing with matters as quickly and efficiently as possible. We will always do our best to give our clients the best possible service and advice.
If you, or anyone you know, have been involved in an accident, please do not hesitate to telephone our team on 0114 218 4000 or email us at info@tayloremmet.co.uk and we will be happy to help.
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