How long will it take to settle my accident claim?

  • Some cases may be settled in a matter of months.
  • Others may take two to three years to come to conclude (particularly where the claimant's medical condition has not stabilised).
  • In some such cases where some liability is agreed to be beyond dispute, provisional damages or interim payments may be possible. This is an area where you will need specialist legal guidance.

What affects the length of time to settle work accident claims?

  • Circumstances of Accident
  • Attitude of the Insurance Company
  • Ability of Your Solicitor
  • Your Patience

Settling your work related accident claim

Our Accident claims specialists will always keep you informed at all stages in the progress of your case, including arranging for medical expert opinions. At some stage, they may advise you that a settlement might be reached. You will have to take heed of their legal advice, and make your own assessment of the risk of proceeding to court or to accept an out of court payment.

Your solicitor may advise you that an offer of settlement should be made to your opponent. This may be a 'global figure' for your whole work claim, or it may be an offer on just one or more of the arguments in the claim.

For example on the question of how the responsibility for the work related accident is to be apportioned, or how much your accident compensation for the personal injury itself should be. It can speed up the work claim and reduce your risk of incurring legal costs. This procedure is referred to as ‘making a Part 36 offer'.

See http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part36.htm

The offer remains open for 21 days from the date your opponent receives it. If your opponent refuses the offer, and you press on to trial, the court's award may be better than the offer you made to your employer. If so, your employer will have to pay a higher rate of interest on your damages, and extra legal costs. Your employer may also make a Part 36 offer, backed up with a payment into court, which puts you in the position of deciding whether to take a gamble on the court, (or a further subsequent offer) beating their current offer.

Remember that the compensation is for you. You are entitled to know what deductions, if any, will be made from your compensation.

For more information on settling a claim

Information about some of the more common types of claim settlement are contained within the following sections: