There can be many different things that can change the length of a claim for personal injury compensation. Each case is different and there are lots of things that can happen that could either shorten or lengthen the lifespan of the case.
Lawyers prolonging cases for money is generally a myth, and I will touch on that later – but here is some advice about what can lead to a longer claim, what you can do about it, and a quick note on whether it could actually be your solicitor who isn’t progressing the claim quick enough.
What can make cases last longer – in a nutshell
There are typically two things that will lead to longer claims: liability, and your injuries.
If liability (i.e. fault) is accepted then that’s one hurdle out of the way. What this normally means is that the person or organisation you are suing agrees that they are liable to compensate you for your injuries and loss.
If they deny liability then this usually means that they intend to defend the claim on the grounds that they are not responsible for compensating you. In this scenario, we now, as lawyers, must assess their evidence and reasons and look how best we can continue the case.
Where liability is denied there is no telling how long a case could last as continuing a claim means fighting them.
Your injuries can actually play a huge part in how long your claim will be going on for. Generally speaking, the more you suffer, the more compensation we can get for you. We need medical evidence to prove this, and medical evidence from a suitably qualified medico-legal expert will normally have a ‘prognosis’ which is a determination as to how long you will suffer for. There can also be recommendations for treatment or more investigation where applicable.
The best way to explain how this affects you is with a simple scenario…
Let’s say you have your medical report and the prognosis states you will be fully recovered in one month’s time. We finalise the case and a month has gone by and you are fully recovered. Here we should be able to simply submit the evidence and settle the case.
But now let’s say the expert’s prognosis says you will be suffering for a further six months and you need physiotherapy to help you. Here our advice would likely be to have the treatment and wait for the six months to make sure you do fully heal in line with the prognosis. This is important because, if you don’t heal by the end of the six month period, you may need more medical evidence to confirm you are suffering for longer which should increase the value of the case.
Our experts are good, but they’re not psychic (sadly!)
You don’t have to follow our advice and wait though. You could just settle based on the six month prognosis period as long you understand that, if you do then suffer beyond that six month timescale, you cannot go back and ask for more money if the case has settled (even if you are entitled to it).
So you have a choice – settle early and risk not receiving all of the compensation you could obtain, or wait to ensure you do heal within the prognosis timeframe. Waiting, of course, means that the claim will need to be put on hold and in essence can last longer.
This puts the choice firmly in your hands as to whether you want to settle quicker or not.
How can my lawyer make a difference?
Some lawyers are expert injury lawyers like us which means that we have streamlined and efficient ways of working that can speed up the claims process. Others are not. So going with an expert injury lawyer with a solid reputation and a service level that offers ways of speeding up your claim can mean a quicker case.
It is a myth that lawyers will prolong cases so we can receive more in fees. Most cases are subject to fixed fees so we want to get a case settled as efficiently as we can for cost purposes as well as for you. In cases where fees are not fixed, we can only recover what is seen as reasonable, and prolonging a case for no reason will not be seen as reasonable.
