Unfortunately there is no short and simple answer to the question. All personal injury claims are different, each case is unique and treated as just that therefore some may be resolved very quickly whereas others may take longer periods of time.
Sometimes especially when emotions are already running high, it may be difficult to appreciate why the process can be an extensive one at times. The fact is that personal injury claims are taken very seriously, the sole motive of your personal injury solicitor is to secure the best possible outcome for you regarding both compensation and rehabilitation. However in order to do this, a number of key factors must be fully explored before any compensation can be awarded.
1) The Facts
It is fundamental to all personal injury claim that a full investigation of the incident is undertaken in order to build up an accurate portrayal of how the injury occurred. Despite having expert experience in handling personal injury claims, the injury solicitor did not witness the incident therefore it is important for them to gain a clear understanding of the series of events before, during and after. They will work with you to gather as much information as possible regarding the accident, in a sensitive and professional manner. After assessing the facts, if they believe that you could have a potential case they will guide you through making a personal injury claim.
The more proof that can be established to substantiate your claim, the better. This could be in the form of witness statements, pieces of equipment which caused the injury or photographs etc. With full appreciation that evidence may have been the last thing on your mind post-injury, your personal injury lawyer will offer their expertise to help gather the necessities to affirm your claim. Medical evidence also plays a key part and your injury solicitor will require all relevant medical documentation of treatments and rehabilitation to prove your injuries. Acquiring the relevant information can be time-consuming but it is fundamental to make your case as strong as possible.
2) Liability
Establishing liability is possibly the most important factor of all personal injury claims - it is pivotal to the length of time that the personal injury claim will take. In short, claims typically tend to be settled more easily if the other party is cooperative and admits liability. If they dispute blame then further investigations are likely to be needed which can lengthen the process.
Your injury solicitor will handle all contact with the other party therefore you do not need to worry about this. In some cases, they will quickly admit fault and make a compensation offer for you to consider. However the other party may take a long time to respond to the claim or even deny responsibility altogether. If liability cannot be assumed even after additional investigations, court proceedings may be suggested which can add on more time to the process. This is why gathering as much evidence as possible can be particularly useful.
3) Settlement
Reaching settlement is the last milestone of the personal injury claim journey however once again, the time it takes can be dependent on the cooperation of the other party. Your injury solicitor wants to see that you are rewarded with the compensation that you deserve but negotiation between parties is not always easy.
In some instances the other party may immediately offer a sum which you are happy with yet in other cases, the offer made may seem unreasonable. In this event, your solicitor will try and negotiate to reach the best possible outcome but if this cannot be reached, court proceedings may be suggested which will add time to the procedure. It could also be costly therefore if the offered sum is only slightly short of your expectations, you may want to seriously consider whether going to court would be of any merit baring it mind you could lose the case altogether.
There is no benefit to either party in making the case any longer than necessary. Your solicitor will do whatever they can to ensure that the whole process of making a personal injury claim runs as smoothly and quickly as possible and results in the best potential outcome.
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