If you have filed a claim for a work-related injury, you may be wondering how long it takes for your case to be settled. The answer is that the length of time it takes for accident at work claims to be settled, depends on several factors. Personal injury claims can be complex, long-drawn legal procedures that have strict time limits associated with them. This is why it is far better to seek legal advice sooner rather than later when filing a work-related injury claim against an employer.
With this said, the main factors that determine how long it would take for your claim to be settled could include the following:
- Whether your solicitors have all the information, evidence and proof needed at the outset of filing a claim and how fast they obtain everything
- The speed a solicitor responds to your instructions
- Where your claim starts out whether through a Public Liability Portal, Industrial Disease Portal and whether a claim has to be accompanied by a detailed “letter of claim”
- How fast your employer responds to your claim
- How fast your employer’s insurers respond to your claim
- Whether your employers provides “full disclosure” at the right time and whether a “pre-action” disclosure application is required
- How fast a medical expert examines you and how fast medical reports are given to your solicitors
- How fast your recover from any injuries you sustained in the workplace
- The number of medical experts needed to write reports on your injuries
- Whether your employer’s insurers admit liability and when they do
- Whether as a claimant, you are a minor or incapacitated
- Whether your employer claims that you contributed to the incident through your own negligence
- Whether employer’s insurers admit liability and want to “settle” out of court and whether you accept the amount they offer to award you
- How fast your employer’s insurers start court proceedings
- Whether an employer’s legal representation ask for additional time so they can build their defence
- How fast a court deals with your claim
- Whether a barrister is needed
- The decisions a Judge may make about directions and timetable
- Whether there are any developments that occur during your claim
There are so many factors that go into how long a claim would take to be settled that it is virtually impossible to offer a definitive time but it is fair to say that the more complex a claim is, the longer it would take to be settled. It is also worth noting that many cases do not get to court because an employer’s insurers may want to settle “out of court” and it would depend on the amount they are willing to award you as to whether you accept their offer. Should you decide to accept an offer on the advice of your own legal representation, you would typically receive your compensation within anything from 14 to 28 days from the date you accepted an offer.
What are the Types of Settlements?
As previously touched upon, many claims are settled before they even get to court, which are referred to as “out of court settlements”. Your solicitor would push for your compensation to be paid out within 5 to 14 days. Should you not receive your payment, your solicitor may have to start court proceedings against your employer with an end goal being to “enforce” your settlement.
If your claim goes to court, the Judge would decree when the amount you are awarded is paid out to you which is typically within 21 days of their “order”. Again, if you do not receive your compensation on time, your solicitor would take an employer to court to “enforce” your payment. It is worth noting that should your claim involve a foreign insurance company and your claim is successful, it could take several weeks for you to receive the compensation you are awarded.
Each Claims circumstances are different what is a fast way of finding out how long a settlement could take?
In some circumstances you could get a pre-med offer and settle in under 30 days however in other circumstances it could take around 8 month 12 months theirs many factors why each claim is different. To get more a more accurate time estimate based on your case get free instant advice from this free live chat service and also a free phone number is offered if you prefer a phone call visit https://www.legalexpert.co.uk/how-to-claim/accident-claims/accident-at-work-claim/ if you explain what type of accident you had and the circumstances you will receive free advice and a possible estimated time on settlement.
Getting Help with a Work-related Personal Injury Claim
Work-related personal injury claims can be complex legal procedures which is why it is best to seek legal advice and representation as soon as possible, bearing in mind that there is a strict 3 year time limit associated with this type of claim. The sooner you can provide a solicitor who specialises in personal injury work-related claims, all the information, evidence and proof required, the better your chances are of speeding up the time it takes to receive compensation for an injury your sustained.
Working with LegalExpert.co.uk from the word go ensures that your claim is handled in a professional, timely way which ensures you do not make mistakes which could slow down the process and which could result in your claim being thrown out before it is even heard by a Judge. Once a specialist solicitor has assessed the strength of your case, they would offer to work with you on a No Win No Fee basis taking all the financial pressure of paying for legal representation off the table and you would only have to pay an agree fee if your claim is successful.