For Injury Awareness Week, Trainee Solicitor Molly Evans answers your top three FAQs when making a personal injury claim, including 'How much compensation will I get?' and 'How long does it take to settle?'...
According to YouGov, it is believed that on average 30,000 people a week are injured as a result of negligence in the UK.
APIL (The Association of Personal Injury Lawyers), are a not-for-profit organisation who are committed to helping injured people. APIL take Injury Awareness Week as an opportunity to drive public support and awareness to help prevent needless injuries.
In support of this, we would like to help by answering some of our most commonly asked questions about Personal Injury claims:
How Long Does A Personal Injury Claim Take To Settle?
Claims can vary in length, and it is very difficult to accurately assess how long a particular claim will take to settle, as it depends on a range of factors such as:
- The type of claim – accident at work, tripping accident, road traffic accident etc.
- Severity of the injuries, the medical treatment and rehabilitation required
- Whether liability is admitted or denied
We usually estimate that for a straightforward road traffic accident case the claim could take anywhere around 12 months unless the injuries are particularly severe. For accidents at work and tripping accidents the claims usually take significantly longer, and we generally estimate settlement around 18 months or more, again dependent on the severity of the injury.
With that being said, we review each matter on a case-by-case basis and therefore you should contact us directly if you would like a better indication of how long your claim should be expected to take.
How Much Compensation Will I Get?
We are usually not able to give you an accurate estimate of what your claim is worth at the outset, particularly if you are not fully recovered and your symptoms are on going. This is because several factors must be considered before we are able to value your claim.
The level of compensation will depend on several factors including:
- The nature and severity of the injury
- How the injury has affected day to day life
- The length of time it will take to make a full recovery
- The treatment required to enable recovery
- If there are any pre-existing medical conditions
- If the injury is permanent
When valuing your Personal Injury claim we will consider two factors:
General Damages – relating to your injuries and the pain and suffering caused by those injuries.
Special Damages – relating to financial losses or out of pocket expenses that you may have sustained as a result of your injuries i.e. loss of earnings, travel expenses etc.
Will I Have To Go To Court?
The majority of Personal Injury claims are settled out of Court, and we will always work hard to try and negotiate a settlement without the need for a hearing. However, if settlement cannot be agreed, it may be necessary to formally issue Court proceedings and put your matter in front of a Judge who will review the facts of the case and make a decision based on the evidence presented.
We understand that most people are apprehensive about attending Court. If settlement cannot be agreed we will ensure that you are adequately prepared and supported before attending the hearing. You will never be required to attend a hearing alone.
How Can Timms Help With My Personal Injury Claim?
If you have had an accident or have any other Personal Injury queries, please do not hesitate to contact us at legal@timms-law.com or via phone on 01332 364436. Alternatively, please visit the Personal Injury section of our website.