rta compensation

kaptain1

hello,if a rta compensation claim goes to court on average how long does the process normally take.
thank you for any advice.

mat3x

Hi kaptain, I went through this last year the accident was 01/04/2010 and it was due to go to Nottingham County Court in April 2011, but I settled out of court in January 2011. I imagine it depends of the speed of the solicitors involved and the Court lead time.

kaptain1

thank you for your reply mat3x,so i could be looking at about a years times befor it goes to court,seems a long time but nothing seems to happen quickly in the compensation culture.

DIYPhil

There are several factors that determine how long a personal injury claim will take. These include:

The type and severity of the injuries

These include physical and psychological and / or neuropsychological. It is unwise to obtain final medical reports until injuries have either recovered or plateued. This is so a firm prognosis can be provided. In serious orthopaedic injuries, that can take two years and sometimes longer, for example, if there is non-union of fractures and / or ongoing treatment. Where there has been a serious brain injury, this will not be before 2 years post accident as maximum recovery will only be achieved after around two years.

The effect on employment

Then after serious injuries have plateued, there will often have to be a period of time to assess whether a Claimant is able to return to his or her pre accident work, and if not, the extent to which they are able to work, if at all. For example, they may be able to work in a reduced capacity or different role. Or they may have to re-train if they are unable to return to their pre accident role. This wil take time to assess to be able to calculate any ongoing and future loss of earnings.

Timescale

There are other factors that will affect the length of time a claim will take, but the above two demonstrate why claims may take several years and it would be foolish to rush through a claim where there has been serious injuries; this would probably lead to under compensation.

The answer to your question is therefore that a claim may take anything from around 6 months for a minor injury claim to several years for a serious injury claim.

kaptain1

thanks for your answer diyphil.
all medical reports have been completed,it just a case of complete difference in valuation between all parties.

forgotmyname

Took my mum nearly 3 years before her non fault accident was finalised, Several months afterwards she
still got calls from the hire car company because the 3rd party had not paid them.