How Long Will My Compensation Claim Take?

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How long will it take?

Some compensation claims will take months to be concluded and some will take years.

You can rest assured that at Thompsons we will do our utmost to conclude your compensation claim as quickly and efficiently as possible, and to obtain the best possible settlement for you.  

If your compensation claim is straightforward and there are no complications or arguments about any elements of your case, then in most circumstances we would hope to conclude it within six to 12 months. In the event that the case is affected by any special regulations it may take longer.

But there are a number of factors that can affect the length of time it takes to conclude a compensation claim. The two main such factors are:

  • Arguments with the other side about the circumstances of the accident and who was to blame.
  • Arguments with the other side about the medical evidence on the seriousness of the injuries you have sustained and the amount of compensation you should receive for those injuries.

Insurers will try to minimise your claim or avoid paying you anything at all.  You will need an expert compensation solicitor to fight got the full amount to which you are entitled.  That can take time.

The Scottish Pre-Action Protocol

Until 2016, the Pre-Action Protocol in Scotland was only voluntary. However, its aim of encouraging, fair, just and efficient resolution of personal injury cases without the need for recourse to the courts was affirmed with the introduction of a compulsory protocol.

The compulsory protocol requires that certain processes be followed in line with a timetable and applies to nearly all personal injury cases up to the value of £25,000. Parties are only expected to follow the protocol in the event that the incident concerned occurred on or after 28 November 2016.

The compulsory protocol follows the successful trial of a voluntary protocol and recommendation of the The Scottish Civil Courts Review 2009.

As a result of the compulsory Pre-Action Protocol all parties who represent pursuers or defendants in Scotland are bound by a process.

It is hoped that the compulsory protocol will help settle cases in more a timely fashion than was previously the case.

Thompsons, for authoritative compensation claim advice

We will be able to give you a better idea about how long your compensation claim is likely to take after we have spoken to you about it and carried out initial investigations. During this process we may be able to gain some idea of how willing the defendant is to admit liability.

If you have any questions or concerns about your possible entitlement to compensation, give us a call on 0800 0891 331 and talk it through today. We are recognised as one of the leading firms in Scotland and have offices right across the country, including Aberdeen, Glasgow, Edinburgh, Galashiels, Peebles and Dumfries.


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