How Long Do Car Accident Personal Injury Claims Take Guide
This guide was written for the person who finds themselves wondering, ‘how long do car accident personal injury claims take?’ It contains information about the elements that could have an effect on the length of time it takes to settle a personal injury claim.
Being involved in a car accident can be stressful. As well as recovering from injuries and ordering repairs to personal property, there is also the matter of potentially making a personal injury claim. This guide will walk you through some of the details you may have to think about, including time limits to keep in mind, expenses that may come into play, and how car accident solicitors could help with your car accident personal injury claim.
Read on for more details about how long do car accident personal injury claims take. Alternatively, you can get in touch with our advisers by:
- Calling us on 0161 696 9685
- Contacting us using the live chat feature below
- Sending your query using our online contact form
Select A Section
- How Long Do Car Accident Personal Injury Claims Take?
- Does The Type Of Injury Affect Your Claim?
- What If I Have To Pay Expenses Straight Away?
- What Time Limits Could Apply To My Claim?
- Check Settlement Examples For Car Accident Personal Injury Claims
- Ask Our Team How Long Do Car Accident Personal Injury Claims Take
How Long Do Car Accident Personal Injury Claims Take?
Car accidents can occur when any vehicle collides with another vehicle, an object or another road user like a cyclist or a pedestrian. These accidents can have a variety of causes, but in order to make a personal injury claim following a road traffic accident, you must be able to show three things have occurred:
- A road user owed you duty of care. The Road Traffic Accident 1988 establishes the duty of care that is owed on the road, while the Highway Code outlines good road conduct, some of which is backed up by law.
- They failed to uphold their duty of care; in other words, they were negligent.
- As a result of this lack of care, you were injured.
Some of the factors that could affect how long car accident personal injury claims take are:
- The extent of your injuries and how long it takes you to heal
- Whether or not another party admits liability
- The complexity of your case
If you have more questions about your rights in a car accident, contact our advisers to discuss your specific circumstances.
Does The Type Of Injury Affect Your Claim?
The nature of your injury will have a huge effect on the amount of compensation you will be awarded. Those injured more severely will receive a higher amount of compensation in successful personal injury claims. Some injuries that might be sustained during a car accident include:
- Broken or fractured bones
- Sprains or strains to the tendons/ligaments/muscles
- Traumatic brain injuries
- Dislocated shoulders
- Crushed limbs that may require amputation
Whiplash is another injury that could occur during a car accident. However, due to the Whiplash Reform Programme, there have been changes to the manner in which whiplash compensation is handled. If you were a passenger or driver over the age of 18 and your injuries are valued at £5,000 or less, you may need to make your claim via the Government Official Injury Claim portal.
If you’d like to know more about the way the Whiplash Reform Program or certain injuries could affect how long car accident injury claims take, get in touch with our advisers. They will listen to the details of your potential claim and tell you more about valid whiplash claims.
What If I Have To Pay Expenses Straight Away?
If you sustained injuries in a car accident, it’s possible you have expenses that need to be paid before you settle your claim. In cases like this, you could make an application for an interim payment. Some circumstances in which this may be useful include:
- Paying medical expenses
- Paying for mobility aids or house conversions
- Paying travel costs incurred getting to and from medical appointments
Interim payments are intended to cover an immediate need resulting from the injuries you sustained. They are usually granted when the injury in question is very serious, and how long personal injury claims take could affect whether or not an interim payment is granted.
For example, if it could be three years before you receive your compensation payout, you might request an interim payment to install ramps in your house before that time.
What Time Limits Could Apply To My Claim?
When considering making a personal injury claim, you may wonder, are there car accident time limits that may apply? In personal injury claims, there are strict time limits for issuing proceedings; generally, personal injury claims must be started within 3 years of the date of the accident or when you connect your injury to negligence.
This time limit is established in the Limitation Act 1980, a piece of legislation that establishes periods within which actions may be brought for breaches of the law. It also lays out exceptions to these periods, which can include:
- Someone injured before the age of 18 may begin a claim within 3 years after their 18th birthday
- Someone without the mental capacity to claim may begin a claim within 3 years after they regain the capacity
- In either of the above exceptions, a ‘litigation friend’ can be used for claiming on behalf of someone else.
Get in touch with our advisers to learn more about what can affect how long car accident personal injury claims take.
Check Settlement Examples For Car Accident Personal Injury Claims
Settlements for personal injury claims can be made of two heads of claim, general damages and special damages. The first, general damages, are always paid out in successful claims. They take into account the extent of your injuries and are intended to compensate you for the suffering you’ve experienced as a result of someone else’s negligence.
When establishing how much a personal injury claim is worth, a car accident claim solicitor may turn to the Judicial College Guidelines for help. This document contains compensation brackets for different injuries. Instead of a personal injury calculator, we’ve included a sample of these below.
| Injury Type | Compensation Bracket | Notes |
|---|---|---|
| Very Severe Brain Injury (a) | £282,010 to £403,990 | Characterised by limited response to environment and little or no language ability |
| Moderately Severe Brain Injury (b) | £219,070 to £282,010 | Physical or mental disability that requires constant care |
| Moderate Brain Injury (c) (i) | £150,110 to £219,070 | Lower dependence upon others, but some change in personality or sensory abilities |
| Total or Effective Loss of Both Hands (a) | £140,660 to £201,490 | Compensation bracket comprising injuries that render the hands useless |
| Serious Damage to Both Hands (b) | £55,820 to £84,570 | Significant cosmetic change and impact upon function |
| Serious Hand Injuries (e) | £29,000 to £61,910 | Hand function reduced to roughly 50% what it was |
| Loss of One Arm (b) | Not less than £137,160 | Amputated at the shoulder |
| Severe Injuries to the Pelvis and Hips (a) (i) | £78,400 to £130,930 | Fractured pelvis that leads to other injuries, such as ruptured organs |
| Severe Arm Injuries (a) | £96,160 to £130,930 | Injuries that leave the person little better off than if the arm had been amputated |
| Severe Knee Injuries (a) (i) | £69,730 to £96,210 | Gross damage to the ligament or joint, leading to loss of function |
The other head of claim, special damages, may not be paid out in every case. This head of claim compensates you for the financial losses you may have incurred due to your injury. Special damages can be awarded for:
- Lost earnings
- Lost future earnings
- Travel expenses for getting to medical appointments
Ask Our Team How Long Do Car Accident Personal Injury Claims Take
Contact our advisors today if you still have questions about how long personal injury claims take. They can assess your personal injury claim for free. When they can see that you have a good chance of being awarded compensation, they can connect you with one of the solicitors from our panel, who could offer their services under a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
Under this agreement, you won’t have to pay upfront for their services to start a personal injury claim or during the claim itself. Instead, you will only pay a small percentage of your compensation in the event your claim is successful. This amount is capped by law.
To learn more about how long car accident personal injury claims take, you can contact us by:
- Calling us on 0161 696 9685
- Contacting us using the live chat feature below
- Sending your query using our online contact form
Check How Long You Have To Claim For An Injury
Guides to personal injury claims:
- Faulty Traffic Lights – Information on claiming compensation for accidents caused by faulty traffic lights
- Uninsured Drivers – A guide to claiming when the at-fault driver is uninsured
- Pedestrian Accidents – More information about claiming as a pedestrian injured in a road traffic accident
- Car Accident Claim Solicitors – How To Claim
- How To Make A Taxi Passenger Accident Claim
- Fatal Car Accident Claims
- How To Claim For A Hit And Run Car Accident
- How To Claim For A Back Injury In A Car Accident
- How Are MIB Claim Amounts Calculated?
Other resources that may be of interest:
The Road Traffic Act 1988 – Legislation for road users.
Whiplash – An NHS resource about whiplash neck sprain
Motor Insurers’ Bureau Claims – Details about how to claim through the Motor Insurers Bureau
We hope this guide has been useful on the topic of ‘how long car accident personal injury claims take’. If you have any other questions, don’t hesitate to contact us using the information above.