© Copyright Acquisition International 2025 - All Rights Reserved.

Article Image - How Long Does a Personal Injury Claim Take to Settle?
Posted 9th November 2023

How Long Does a Personal Injury Claim Take to Settle?

In response to one of the most frequently asked questions asked by our clients, Lennons Trainee Solicitor Laxmi Mall explores how long personal injury claims take to settle, and what to expect along the way.

Mouse Scroll AnimationScroll to keep reading

Let us help promote your business to a wider following.

How Long Does a Personal Injury Claim Take to Settle?
Personal Injury Claim

In response to one of the most frequently asked questions asked by our clients, Lennons Trainee Solicitor Laxmi Mall explores how long personal injury claims take to settle, and what to expect along the way.

 

Understanding the Timeline of Personal Injury Claims

I have represented the interests of various clients who were injured, through little to no fault of their own. If you were injured and believe that you could have a claim against an individual, a local authority or a company, it is natural to wonder how long your claim may take to conclude or settle.

Making a personal injury claim is undoubtedly stressful for all of our claimant clients. It is understandable that most of our clients want their claims to be settled as soon as possible. However, in order for the client to avoid under-settling their claim, we do suggest them to let the claim take its time, as early settlement always bears the risk of under-settling the claim. Once your claim is concluded and an offer is accepted, you will be unable to re-open your case, even if your injuries deteriorate or you require money for any incident-related medical treatments.

When I speak to a new client about their personal injury enquiry, I am frequently asked how long their claim may take. There is no straightforward answer to this question. It all comes down to the Defendant’s attitude towards the accident. Furthermore, the duration of a personal injury claim depends on the type of claim, the value of the claim, the progression of the client’s injuries, the obstacles to obtaining and concluding medical evidence and the Defendant’s cooperation with us.

If you are a prospective client, you may have heard that your neighbour or friend has settled a case in the span of a few months and quickly received the compensation monies owed to them. While it is possible for settlement to be reached that quickly in some straightforward cases, most cases will last much longer than just a few months.

Your claim could arise from an accident at work, a car accident, a bicycle accident, a slipping or tripping incident at a public place or an incident arising out an allegedly faulty product. When you consider the various types of injuries that someone could sustain, you will quickly realise that there are lots of different types of personal injury claims.

 

Factors Influencing Claim Duration

When we value a claim, we take into consideration the following:

  • the nature of the injuries
  • the period you take to recover
  • your out-of-pocket expenses
  • The combination of the above-named factors will determine whether your claim will be a portal or a non-portal claim.

 

(a) Portal claim

If your claim is a portal claim, it will be subject to a specific pre-action protocol and it must therefore be submitted to the Defendant via an electronic portal. The portal is designed to streamline the claim process and encourage Defendants to admit liability at an earlier stage of the claim. The procedure is that we submit your claim’s details to the Defendant’s insurer on the portal. Following receipt, the Defendant will have either 15 working days (road traffic accident claims), 30 working days (employer’s liability claims) or 40 working days (public/occupier’s liability claims) to investigate the incident and to confirm if liability is admitted or not. If liability is admitted, your claim will then stay in the electronic portal and we can focus on quantum in order to try and settle your claim (i.e., quantifying and valuing your claim by obtaining the necessary medical evidence and preparing a schedule of loss with your financial losses).

If the Defendant denies liability or requires additional time to investigate, the claim will automatically fall out of the electronic portal. The Defendant will then have a further period of time to investigate the claim, 3 months usually, before confirming the outcome of their further investigations. As you can see, the amount of time your claim will take does depend on the Defendant as well.

 

(b) Non-portal claim

The first formal step in your claim is for us to send a Letter of Claim to the Defendant which sets out the background of your case and the allegations we are making as to why the Defendant is responsible for causing your injuries. Following receipt of the Letter of Claim, the Defendant must acknowledge receipt within 21 days. The Defendant then has a further 3 months to investigate liability and to provide its formal Letter of Response.

 

(c) Whether the Defendant admits or denies liability for the incident and causing your injuries

If the Defendant admits liability for the incident, you will not need to worry about obtaining evidence to prove liability, and so, your claim may proceed to settlement quicker. However, how quickly your claim settles also depends on other third parties, such as how quickly an independent medical expert is able to offer you an appointment and how quick their turnaround time is to produce a medical report. In the medical report, the expert may also not be able to provide a clear prognosis or diagnosis, and in personal injury claims, a confirmed diagnosis is crucial in order to quantify your claim and proceed towards settlement.

 

Denial of Liability

If the Defendant denies liability for the incident, we will then carry out a full re-assessment of liability. If we think that your claim has reasonable chances of succeeding, we would instruct a barrister to provide us further advice on liability. If Counsel confirms that your chances of success are below 50%, then, we may conclude, at this stage, that your claim lacks sufficient prospects in order to succeed. If we reach this conclusion, we will notify you of our decision and of our intention to terminate our Conditional Fee Agreement (no-win no-fee agreement) with you. We will not take this decision lightly and only if we have decided that, on the evidence available, you are more likely to lose your claim than win.

If, notwithstanding the Defendant’s denial of liability, we maintain the view that you have more chance of succeeding with your claim than losing, we will continue acting for you and obtain medical evidence on your behalf. If the Defendant continues to deny liability, and we still strongly believe that your claim will succeed, we would be prepared to issue court proceedings for your matter in order to encourage a settlement. Please rest assured that even if we issue court proceedings, a lot of our personal injury claims will be settled before it reaches trial, as it would be contrary to the Defendant’s interests in terms of the costs you will need to incur that they could potentially become liable to pay.

This is an informative guide as to a usual personal injury’s claim procedure, but please note that no two claims are the same. As your lawyers, we will update you at regular intervals with regards to the progress of your claim and any issues that may arise which could mean that your claim will be taking longer than initially anticipated.

Categories: Legal, News


You Might Also Like
Read Full PostRead - Eye Icon
WillScot Mobile Mini Holdings Announces Agreement to Divest UK Storage Segment
M&A
03/01/2023WillScot Mobile Mini Holdings Announces Agreement to Divest UK Storage Segment

Container hire specialist Mobile Mini UK has announced that Modulaire Group, the parent company of Algeco, Europe’s leading modular solutions brand, is acquiring Mobile Mini UK Holdings Limited (Mobile Mini UK) from Mobile Mini, Inc.

Read Full PostRead - Eye Icon
Creating Innovative Digital Content Solutions
Innovation
08/05/2019Creating Innovative Digital Content Solutions

Integra is a leading digital content services company providing innovative source-to-publish solutions to global publishers and digital learning solutions to organizations across diverse industry verticals. Following their success in AI’s Global Excellence A

Read Full PostRead - Eye Icon
Setting up a  Franchise Business in Japan
Finance
02/10/2015Setting up a Franchise Business in Japan

Japan is one of the more mature franchise markets and has fully embraced franchising as a means for business growth. Today, the statistics show continuing expansion of franchising in the country.

Read Full PostRead - Eye Icon
Easy Ways To Improve Your Money Spending Habits
News
28/06/2022Easy Ways To Improve Your Money Spending Habits

Good management skills are something that is crucial in order to live a hassle-free and organized life, and no one can deny this fact. Management is extremely important in every aspect of your life, and if you don’t manage properly your tasks, you could end

Read Full PostRead - Eye Icon
Law Firm SEO Ranking Factors and Tips For Improving Your Rankings
Legal
04/05/2023Law Firm SEO Ranking Factors and Tips For Improving Your Rankings

In today's digital age, search engine optimization (SEO) is crucial for law firms that want to establish a strong online presence and attract new clients.

Read Full PostRead - Eye Icon
Utilising Third Party Fund Administrators
Innovation
19/03/2015Utilising Third Party Fund Administrators

Utilising Third Party Fund Administrators

Read Full PostRead - Eye Icon
How Can Virtual Reality Equipment Modernize Businesses?
Innovation
26/09/2019How Can Virtual Reality Equipment Modernize Businesses?

Following its continued development over the past few years, virtual reality has capabilities which extend far beyond the gaming world. Alongside being implemented into the health and fitness sector, the technology has become a highly powerful tool for many gl

Read Full PostRead - Eye Icon
Cisco Unveils Plan for Building Internet for the Next Decade of Digital Innovation
Innovation
16/12/2019Cisco Unveils Plan for Building Internet for the Next Decade of Digital Innovation

Cisco has unveiled the details behind its technology strategy for building a new internet- one designed to push digital innovation beyond the performance, economic and power consumption limitations of current infrastructure.

Read Full PostRead - Eye Icon
Fourth Quarter Update: A 2015 Year End Round-Up
Finance
26/02/2016Fourth Quarter Update: A 2015 Year End Round-Up

Founded in 1982, Global Prior Art is an established leader which is widely known by its trademark “The Most Trusted Name in IP Research.”



Our Trusted Brands

Acquisition International is a flagship brand of AI Global Media. AI Global Media is a B2B enterprise and are committed to creating engaging content allowing businesses to market their services to a larger global audience. We have a number of unique brands, each of which serves a specific industry or region. Each brand covers the latest news in its sector and publishes a digital magazine and newsletter which is read by a global audience.

Arrow