How long does a personal injury claim last?
A personal injury can include an injury sustained at work or in a traffic accident, by faulty goods or services, tripping or slipping, or injuries caused by medical negligence.
If you have suffered an injury from any of the above, you could be entitled to compensation. This can be done in several ways: using a claims assessor, taking legal action in a civil court, making a claim to the Criminal Injuries Compensation Authority, through a criminal compensation order or through special Government schemes from some injuries such as asbestos related disease.
Time Limits:
There are different time limits within which you must begin legal action in a personal injury claim. The most common claim in an injury case is for negligence which has a three year time limit. You should therefore speak to a solicitor as soon as possible after the accident.
This means that court proceedings must be issued within three years of you first being aware that you have suffered an injury. In some cases, a court may extend the time limit.
How long will a personal injury claim take to settle?
Most accident claims can be settled within 12 months. Clinical negligence claims usually involve more difficult factors and are more complex, therefore take longer to resolve.
An important issue is the doctor's prognosis. As part of damages is paid to compensate you for pain, suffering and loss of amenity, it is crucial, that before settling the claim, you doctor needs to be sure as to how well you will recover and how your future lifestyle may be affected.
If you are going to be left with permanent disabilities, these have to be taken into account in the final award.
In some cases, it may take months after an injury before doctors can advise with any degree of certainty as to how well you will recover. A settlement ahead of an accurate prognosis may lead to you being under compensated.
Some personal injury claims can continue for several years but that does not always mean that you will have to wait until the end of the case before you receive any money from the claim.
Updated on 29/01/2009