© Copyright Acquisition International 2026 - 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
Netflix Announces Unlimited Leave for New Parents
Strategy
06/08/2015Netflix Announces Unlimited Leave for New Parents

The online streaming giant recently announced in a blog post that employees would be offered unlimited paid leave to both male and female new parents, with flexible hours also available to staff returning after having children.

Read Full PostRead - Eye Icon
Employees: This Is How Tax Fraud Affects your Background Check in 2021
Finance
04/06/2021Employees: This Is How Tax Fraud Affects your Background Check in 2021

Paying taxes and filing returns is an important civic responsibility. While some employers may fail to make a background check on tax fraud, you wouldn't want to be on the wrong side of the law. Tax fraud occurs when you knowingly forge information on tax retu

Read Full PostRead - Eye Icon
How To Leverage WordPress For Superior Business Performance
News
03/06/2024How To Leverage WordPress For Superior Business Performance

To catapult your business to new heights, you need a website that works impeccably. WordPress can deliver this, but it takes more than just a bare-minimum setup to really send performance skyward. Rather than scrabbling in the dark as you try to wring more val

Read Full PostRead - Eye Icon
Is it Possible to Increase the Recognition of Your Business Using 3D Modeling?
Innovation
14/08/2024Is it Possible to Increase the Recognition of Your Business Using 3D Modeling?

In today’s highly competitive business landscape, standing out and being recognizable are paramount for success. Companies are constantly searching for innovative ways to capture their audience’s attention and distinguish themselves from competitor

Read Full PostRead - Eye Icon
BlueSnap Raises  $50 Million  for Its Global Payment Processing Tech
Innovation
08/04/2015BlueSnap Raises $50 Million for Its Global Payment Processing Tech

BlueSnap is a smarter global payment gateway powering the checkout process for eCommerce merchants worldwide, and fuelling growth for online businesses serving digital, physical and mobile markets.

Read Full PostRead - Eye Icon
HMRC to make tax digital for VAT
Finance
26/03/2019HMRC to make tax digital for VAT

More than 3,000 businesses are now signing up every day to experience a more integrated approach to business and tax. For VAT periods starting from 1 April 2019, most businesses above the VAT threshold will need to keep their records digitally and submit their

Read Full PostRead - Eye Icon
Data Analytics Trends That Are Transforming Commercial Landscape
News
02/10/2023Data Analytics Trends That Are Transforming Commercial Landscape

Modern-day business operations call for modernized solutions because consumer needs keep growing and getting sophisticated, and there is a need to keep up. Thankfully, data technology keeps advancing, and entrepreneurs who understand what suits their operation

Read Full PostRead - Eye Icon
Most Innovative Law Firms 2016
Legal
05/05/2016Most Innovative Law Firms 2016

These listings showcase a wide range of innovative and cutting-edge financial and law firms across the globe.

Read Full PostRead - Eye Icon
6 of the Latest Digital Workflow Automation Developments Your Business Should Be Taking Advantage Of
News
21/08/20256 of the Latest Digital Workflow Automation Developments Your Business Should Be Taking Advantage Of

Digital workflow automation advancements save business owners time and money while supporting accuracy and helping them achieve goals with fewer team members. Companies that embrace automated processes are often more competitive and agile than their counterpar



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