How long will my personal injury claim take? Understanding the legal timeline

One of the most common questions clients ask when pursuing a personal injury case is, “How long will it take to resolve?” Newly qualified solicitor in our personal injury and dispute resolution team, Lucy Wilson, discussed the factors that can impact the length of personal injury cases.

The truth is, there is no one-size-fits-all answer. The timeline of a personal injury case can vary significantly depending on the complexity of the case, the severity of the injuries, liability disputes and the willingness of the parties involved to settle. However, understanding the general steps and factors involved in the process can help you manage your expectations and navigate the legal journey more effectively. 

Factors that impact the length of your case 

  • Severity of your injuries: If your injuries are severe and require ongoing medical treatment, your case may take longer to resolve. Solicitors will typically wait until you have substantially recovered from your injuries, or until a time when your injuries are stable and unlikely to improve further as this allows your solicitor to accurately assess the extent of damages applicable to your injury considering the diagnosis, symptoms and prognosis. 
  • Liability disputes: If there is a dispute over who is at fault, or if anybody is at fault for the accident, this can significantly delay the process. Investigations and negotiations take longer, and if a settlement cannot be reached, your case may go to trial so that a judge can decide instead.
  • Complexity of the case: Simple cases, such as a minor car accident where liability is admitted, may resolve in a few months. However, more complex cases may require additional expert instructions which can lengthen the legal timeline. There may be extensive evidence to review, complicated points of law that require input from a barrister, or multiple defendants. However, an experienced solicitor will ensure thorough preparation to address any complexities appropriately and efficiently.
  • Legal strategy: Your strategy will also influence how long your case takes. It may be that you would like to move on from your accident, injuries and involvement with the legal process of bringing a claim as quickly as possible and may wish to attempt to reach a settlement at an early stage. If settlement discussions have not provided for the settlement you had in mind, you may wish to pursue a more aggressive legal strategy. However, this may take longer but could potentially lead to a higher settlement. Your experienced solicitor will be able to discuss your options and help you make an informed decision on any settlement offers. 

How long does the entire process take?  

  • Minor injuries – simple cases, with liability admitted by the defendant may resolve in 6 to 12 months.
  • Moderate to severe injuries – these may require more input from medical professionals, ongoing treatment or liability may denied. These types of cases may resolve in 1 – 2 years. 
  • Complex cases, or very serious injuries – ongoing medical intervention, liability disputes, complex legal issues and a need for input from various experts are all factors making these types of claims likely to take 2 years or longer to resolve.  

Again, there is no one size fits all and some simpler claims can take longer, and other more serious claims may settle quicker. By acting quickly in contacting a solicitor after an accident, staying organised by keeping records of medical treatment, taking photographic evidence, keeping records of financial losses incurred as a results of the accident, as well as any other documentation that may be useful in your case; and by staying flexible and cooperative with your solicitor, you can help your solicitor with preparing your case and may speed up the process.  

While the timeline can be unpredictable, by choosing the right solicitor who is experienced and knowledgeable of the legal process, you can be comfortable knowing that they will be fighting for the best possible outcome for you as their client.  

For information on our services, get in touch with a member of our personal injury team on 033 3344 9600 or email [email protected]. 

Author: Lucy Wilson, personal injury.