17 Jul How long will my personal injury claim take to settle?
Making a personal injury claim after an accident can be stressful. The law outlines a time frame on when you must submit a claim, but unfortunately not when a settlement should come through.
This can be difficult for claimants who are missing work because of their injuries. Having a solicitor on your side will make the process as smooth and swift as possible.
Here are the factors which influence the time frame.
The severity of your claim
Straightforward cases can be settled quickly. If your claim is related to minor injuries, it should be resolved within a matter of months – or maybe even weeks with the help of a solicitor.
Whereas, more complicated cases can take over a year. For example, where liability is contested or a plaintiff is seriously injured and still in recovery. A settlement shouldn’t be rushed until the full extent of injuries can be established.
Putting together a strong case
It is necessary to diligently collect evidence proving the negligence of the person you make a claim against. You must also collect proof of your injuries. It can take months to get a hold of evidence like police reports, medical reports and CCTV footage.
At Ferrys Personal Injury Accident Solicitors, we can assist at this early stage. One of our experienced solicitors can contact witnesses, build your case and try to reach a settlement with the negligent party immediately.
If there is no acceptable settlement offer, your claim is then taken to the Personal Injuries Assessment Board (PIAB).
Submitting your case to PIAB: 7-14 months
Before going to court, you must submit your case to PIAB. The respondent has 90 days to agree to the process and then the Board will assess the claim.
Currently, PIAB takes seven months to assess cases and recommend awards. At most this will take nine months. The claimant then has 28 days to accept or reject the award amount; the respondent has 21 days. If both parties accept the award amount, PIAB will issue an ‘order to pay’ and a settlement cheque will be sent out shortly afterwards.
When your claim goes to court
If you are unhappy with PIAB’s award figure, you can reject it and take your claim to court. Taking a case before a judge can take a long time and will depend on how busy the courts are. However, the vast majority of cases are settled before reaching the courtroom.
How long will my personal injury claim take to settle?
With the various factors at play, it is unlikely your claim will be settled in less than nine months. Often it takes over a year. If you have a strong claim and are suffering financially, a solicitor can apply to the courts for some compensation to be released before the PIAB completes its assessment.
Get in touch with Ferrys Solicitors LLP Personal Injury and Accident Solicitors Solicitors today to get your claim settled as quickly as possible.