How Long Does Compensation Take To Come Through?
By Stephen Moreau. Last Updated 23rd August 2023. Welcome to our guide exploring the question ‘how long does compensation take to come through?’ To be eligible to claim for personal injury compensation you must meet specific criteria. In different areas of life, we are owed or owe others a duty of care. If this duty is breached through negligent practices and injuries are suffered by others they may be eligible to make a claim for compensation.
In this article, we’ll guide you through the process of putting forward a valid claim including the steps you may need to take to build a strong case. For instance, evidence you may need to obtain such as medical records detailing any injuries or financial documents to highlight any losses of a financial nature.
Additionally, this guide will look at the amount of compensation you could claim and how long you may have to put forward your claim.
Furthermore, we’ll explore the options available to you with regard to legal representation. Although you may be concerned about the upfront costs usually associated, there may be another option available to you.
How Long Does A Compensation Settlement Take To Come Through?
This is something we’ll provide further details on throughout our guide. However, if you have any questions, you can get in touch with our team using the details below.
Get In Touch With Our Team
Our advisors are available 24/7 to answer your questions so why not contact them on the following:
- Telephone 020 3870 4868
- Arrange for one of our advisors to call you back
- Speak to an advisor right away through live chat at the bottom of the page
Alternatively, continue reading for further information on the different types of accidents you could claim for.
Services And Information
- How Long Does Compensation Take To Come Through – What Do I Need To Know?
- What Could Affect How Long Compensation Claims Take?
- Do I Need A Prognosis Or To Have Recovered From My Injury To Make A Claim?
- Does The Complexity Of The Claim Affect How Long It Takes?
- Injury Compensation Calculator
- Ways You Could Secure A Compensation Payout
- How Long Could Foreign Accident Claims Take?
- Securing An Interim Payment
- How Long Does It Take To Receive Compensation After Accepting An Offer In The UK?
- How Long After An Accident Could I Start A Claim?
- I Was Injured In An Accident, What Should I Do?
- Making A Claim On A No Win No Fee Basis
- Other Information About How Long Does Compensation Take To Come Through
The process of making a personal injury claim, medical negligence claim or criminal injury claim can seem overwhelming at first due to the vast amount of information available. However, our guide aims to provide you with the information you need to know.
Firstly, there are various accidents that you could claim compensation for such as an accident at work, a road traffic accident or an accident in a public place. Additionally, you may have suffered one injury or multiple injuries.
In order to hold a valid claim, it must meet three criteria that demonstrate that negligence took place, for instance:
- You need to have been owed a duty of care by someone
- The person who owed you a duty of care needs to have breached it
- You need to have suffered an injury as a result of the failings
For instance, your employer may have failed to provide you with a hard hat on a building site resulting in you suffering a severe injury to the head.
If your claim meets the three criteria above, you may have grounds to claim compensation.
Every incident brings a unique set of circumstances with it. For instance, certain things may vary such as the injury you sustain and how severe the injury is.
This might mean that each claim follows a similar process but the specific dealings will differ depending on whether the various factors make the case more complex.
Certain factors that may come into consideration when looking at how long your claim will take to settle might include:
- Accident type e.g. workplace, public place or road traffic accident
- The nature of your injuries including severity, whether there are multiple injuries and the overall recovery time
- Evidence that you’ve obtained and what may still be needed
- Who the claim is against e.g. an employer or uninsured driver
- Whether the defendant accepts liability for the accident that caused your injuries
When you make any type of injury claim you may be invited to attend an assessment by an independent medical expert. This looks to assess the extent of the injury and/or illness, look at how it has affected you and how this suffering may continue in the future. It will also examine how the life of the claimant will be affected.
Very often when the claimant is making a claim they are still injured. The medical assessment will look to provide a prognosis for the injury/illness. This can be used within the valuation of the suffering. Therefore the claimant does not have to be recovered for compensation to be paid out.
If the claimant is recovered they will still be invited to the medical assessment so a report can be done on how the person has suffered in the past and how much of their life was disrupted.
If your claim is more complex, it could affect how long your claim takes to settle and therefore the amount of time it takes to get your compensation.
For instance, whether you have a more severe injury that may have a bigger impact on your future life or if you have multiple injuries that need evaluating.
Furthermore, the independent medical assessment may conclude that you have more tests or more treatment before a complete report can be compiled. This could mean that further evidence is required which could delay proceedings.
Despite the added time the complexities may bring, the steps are necessary for ensuring you get the right amount of compensation.
Whether you’re making a personal injury claim for compensation or a medical negligence claim, your compensation will be made up of general damages and special damages. General damages cover you for your injuries both physical and psychological and will take into account the long term impact you may suffer.
The table below looks at some of the injuries you could claim compensation for and provides an example of how much each injury may be valued at. The Judicial College Guidelines, a document used to help value claims, has provided the figures listed in the table.
|Injuries affecting sight and hearing||(a) Complete blindness and deafness||In the region of £403,990|
|Injuries affecting hearing (Deafness)||(c) Complete deafness in one ear||£31,310 to £45,540|
|Injuries affecting sight||(h) A minor eye injury that may have been caused by being exposed to smoke fumes resulting in the person's vision being temporarily affected||£3,950 to £8,730|
|Chest||(b) A traumatic injury of the chest, lungs or heart resulting in permanent damage and a reduced life expectancy.||£65,740 to £100,670|
|Chest||(g) Rib fracture resulting in serious pain for several weeks.||Up to £3,950|
|Head||Minor head injury that may have caused minimal brain damage.||£2,210 to £12,770|
|Traumatic injuries||(iii) Injuries such as industrial laceration or seat-belt pressure causing serious harm.||£6,610 to £12,590|
|Back||(c) (i) Injuries that haven't required surgery and fully recover within 2 -5 years.||£7,890 to £12,510|
|Shoulder||(e) Fractured clavicle||£5,150 to £12,240|
|Neck||(c) (iii) Injuries that have fully recovered within three months.||Up to £2,450|
However, you should only use them as a guide. Additionally, as each case is unique, you should be aware that your overall compensation settlement figure may be different.
In addition, you may be able to claim any financial losses under special damages. For instance:
- Loss of earnings
- Travel costs
- Care costs
Speak to our team if you require any further help and advice on how compensation is calculated.
In the section below, we’ll look at the different ways you could secure your compensation payout. For instance, how the time could vary depending on whether your compensation was awarded out of court or in court.
See below for further details on what these processes might look like.
Out Of Court Settlements
An out of court settlement is when a claim is settled without having to go to court. This means the claimant may have accepted an offer before the case goes to court.
Payment after a Part 36 offer is accepted may usually be within 14 days from the accepted offer.
However, another amount of time may be specified in certain circumstances.
A court settlement is where the case is taken to and settled in court. The judge will make a ruling on the compensation. It can take longer for cases to be settled this way.
There are certain accident claims that may be a little more complex, including those involving non-UK companies or UK companies operating abroad. For instance, if you’re making a holiday accident claim after injuring yourself on an excursion these cases can be complex and it may be a while before an agreement is met meaning compensation, if awarded can be delayed.
Additionally, you may have been involved in a road traffic accident with a foreign lorry driver. In cases like this, the green card system may come into play.
The green card shows that drivers have the right to move across international borders as they have a minimum compulsory insurance cover that they are legally required to have to visit the country in question. Also, it gives victims involved in accidents with foreign-registered vehicles more protection.
Interim payments are when part of your compensation is paid to you before the claim is settled. They are an immediate payment for an immediate need.
For instance, in the event where you’ve suffered a severe injury, you may need the money to pay for medical bills or home adjustments that you can’t afford.
An interim payment would provide you access to a sum of money from the compensation settlement you will be awarded, to allow you to pay for these costs. Interim payments will only be made when liability has been admitted.
A question some claimants may ask when they accept a settlement offer is “How long does compensation take to be received?” The amount of time it may take to receive compensation following a successful claim can vary, and it largely depends on how the compensation will be given.
If a settlement for a personal injury claim is offered before the case goes to court, then it may be referred to as a Part 36 offer. This is a reference to Part 36 of the Civil Procedure Rules, which encourages parties to settle outside court proceedings.
A Part 36 offer can be made by either side of a case, but it is more often made by the defendant or their representatives. If a defendant makes a Part 36 offer, then it is usually open for acceptance for 21 days. If the claimant accepts the offer, then the defendant normally should pay the amount offered within 14 days from the date the offer was accepted.
For more advice on matters such as how long do injury claims take, contact our advisors for free today.
For general accident claims, you’ll have three years to put forward your claim. This might be starting from the date of the accident or the date you gained information that someone else’s failings caused or contributed to your injury.
However, for accident claims involving children under the age of 18, the three years don’t start till the date of their 18th birthday. From this point, they’ll have three years to start a claim for themselves. Alternatively, before they turn 18, a parent, guardian or solicitor could apply to act as a litigation friend and put forward the claim on their behalf.
This can also be done for someone who lacks the mental capacity to claim for themselves. If they don’t recover their mental capacity, the three years will be frozen indefinitely. If they do, the three years will start from the recovery date.
When compensation is awarded to a child under the age of 18, the Court Funds Office will hold the money until they turn 18. However, a parent may be able to apply for any payments on the child’s behalf and use the money for the child’s needs.
The process of building a strong case involves obtaining evidence to support your claim. For instance, you’ll need evidence to claim compensation for general and special damages.
For general damages this might include:
- CCTV footage
- Pictures of your injury or accident
- Witness details
- Police reports
- Details of the accident in an accident book
Additionally, the process of seeking medical care can provide useful evidence detailing the specific nature of your injuries. For instance, it can provide records of appointments, treatment and any diagnosis a medical professional has given.
Evidence for special damages might include anything that can prove the financial losses you’ve incurred, such as:
- Receipts to show any travel expenses or additional care costs
- Payslips to show any loss of earnings
- Invoices to show any future payments that you may need to make
Lastly, if you need any help or information on the process of seeking compensation, you can get in touch with our team on the number above.
They could connect you to a solicitor from our panel to help you build a strong case and advise you throughout the claims process.
We can appreciate that seeking legal representation may be causing you apprehension, but we can provide you with a solution.
A solicitor from our panel can take your case on a No Win No Fee basis which means if they don’t succeed and your case fails to win, you won’t be required to pay solicitor fees.
Additionally, before entering into this agreement, you and your solicitor will agree on a small legally capped success fee that you’ll pay if your case succeeds. This will be deducted from your overall compensation package.
Furthermore, you can avoid upfront costs and costs that may incur while your claim is ongoing. You’ll also have access to a solicitor experienced in handling cases similar to your own and will have expert knowledge on personal injury law.
If this is something you’d like to consider, get in touch with our team using the details below:
- Telephone 020 3870 4868
- Arrange for one of our advisors to call you back
- Speak to an advisor right away through live chat at the bottom of the page
If you were involved in an accident with an uninsured driver, take a look at our guide exploring the options you have when claiming compensation.
Were you involved in a slip or fall on ice at work? If so, our guide may be able to provide the information you need.
For more information on what you can do if you suffered after an operation went wrong, see our guide.
If you’re interested in learning more about road safety, see the Royal Society for the Prevention of Accidents website.
See the Health and Safety Executive website for statistics on workplace accidents.
Visit the NHS website if you require any medical advice.
This section will explore common questions.
What evidence will support my claim?
There is various evidence you could use to support your claim including medical documents and payslips to prove any financial losses.
What questions might a solicitor ask me?
A solicitor might ask about the nature of your accident and any evidence you’ve obtained to support your claim such as witness details.
Could I claim without a witness?
Witnesses are helpful when claiming compensation, however, they aren’t essential. Other evidence could be used such as CCTV footage or photographs of the accident.
What happens during a medical appointment?
An independent medical professional will carry out the medical assessment. They will look at the severity of your injury and determine whether it was caused by the accident in question.
Thank you for taking the time to read our guide which we hope has answered the question ‘how long does compensation take to come through?’.
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