How long will it take?
Some claims will take a number of months to be processed and some will take considerably longer. If your compensation claim is not complicated and does not involve any dispute over any part of it, then in most situations we would expect to finalise your claim within 6 to 12 months. An exception to this would be where the case is governed by any special rules.
Here at Thompsons, we will try to settle your claim as quickly and efficiently as we can to get the best possible compensation for you.
Seonaid Brophy
Seonaid Brophy
"It's unusual for someone to be fully at fault for an accident, which is why I think it's important for all accidents to be thoroughly investigated by a solicitor for that reason."
How long do different types of compensation claims take?
The nature of the personal injury claim you are pursuing has a large impact on how long the resolution takes. Rough estimates of the timescales we normally experience when liability is not disputed are as follows:
- Road traffic accident claims: 4 to 9 months
- Workplace accident claims: 6 to 9 months
- Slip, trip and fall claims: 6 to 9 months
- Industrial disease claims: 12 to 18 months
- Medical negligence claims: 12 to 36 months
These figures are estimates based on the other side not disputing fault and your injuries being fairly straightforward. If issues occur, for example: several parties are involved or the severity of the injury takes a long time to stabilise, it can take far longer. If you have been involved in a road traffic accident or suffered an accident at work, we can give you a clearer picture of the likely timeline once we know the details of your case.
What factors affect how long a compensation claim takes?
A number of issues can influence the length of the proceedings to settle a claim for compensation. The two most significant are arguing with the other side about the facts of the accident, arguing about the severity of your injuries and the money you should recover for them.
The extent of your injuries will also affect how long your claim takes. Your solicitor will usually wait until you have fully recovered, or have a clear prognosis from a doctor, before settling your claim. It is a real risk to accept an early offer, because once accepted it is treated as final and you cannot return at a later date for further compensation.
Insurance companies will try to reduce your claim or pay nothing at all. That is why you need an experienced compensation solicitor to make sure you receive the full amount of your claim, which may take time.
The Scottish pre-action protocol
In Scotland, the practice of the pre-action protocol was voluntary until 2016. The Scottish approach to reducing litigation was strengthened by a compulsory protocol, one that promotes speed and certainty of decision-making in personal injury claims. The compulsory protocol specifically requires the parties to undertake certain procedures in accordance with a timetable, and it applies to nearly all personal injury claims valued at £25,000 or under, in respect of incidents occurring on or after 28 November 2016.
This protocol was based on the trial of the voluntary version and the recommendation of the Scottish Civil Courts Review 2009. From that point on, all representatives of pursuers and defendants within Scotland have been subject to a process designed to settle cases more efficiently than was previously the case.
What happens if your compensation claim goes to court?
Under 5% of personal injury claims in the UK are determined by the courts. Most are resolved through negotiation between your solicitor and the other side's insurers, without a judge needing to be involved. Court proceedings are only required if liability or the amount of compensation remains in dispute.
If your case does go to court, the proceedings will follow a timetable set by the court system and can add many months to the overall duration of your claim.
Thompsons will always try to settle as quickly as possible through negotiation. We will only advise you to go to court if it is genuinely in your best interest to do so.
Can you receive interim payments before your claim settles?
If your case is expected to take a long time to reach settlement and you are under financial strain, you may be entitled to interim payments from the other side. Interim payments are partial payments of your damages, made while your case is being finalised but before a final settlement is agreed.
Interim payments are generally available where liability is admitted by the other side, and can help cover medical expenses, loss of earnings and the general costs of living during the course of proceedings. Interim payments received are deducted from the final settlement figure, so you will not be worse off.
How to help your compensation claim settle faster
There are a few steps you can take to prevent your claim from stalling:
- Collect evidence early: Take photographs, keep a record of all witnesses' names and details, and note down the way your injuries affect everyday life.
- Attend medical appointments on time: Your solicitor cannot conclude the value of your claim until there is a detailed medical report.
- Reply quickly to your solicitor's requests for information: Delays in supplying documents or answering questions slow proceedings at every stage.
- Do not accept a low first offer: Insurers often make an initial offer that is well below the real value of a claim. Your solicitor will advise you and will negotiate on your behalf if the offer is not fair.
Frequently asked questions
Talk to Thompsons about your compensation claim
Once we have discussed your claim with you and conducted some initial investigations, we will be able to give you a much clearer picture of how long your claim will take. At this stage, we may even be able to determine whether the defendant is likely to accept liability.
If you have any questions or concerns regarding your potential entitlement to compensation, call us on 0800 0891 331 today. We are widely regarded as one of the top personal injury firms in Scotland, with offices situated throughout the country, including Glasgow, Edinburgh, Dundee and the Borders.
