How long would a claim take?

Question:

I have recently taken legal advice about making a claim for compensation. I’ve heard from friends that it can take years before compensation will be paid. I just don’t know how I’m going to manage financially. My employers have been good and paid me in full for the first three months I’ve been off work, but now I’m only getting Statutory Sick Pay. But it could be months before I’m able to go back to work. Is it normal for it to take years before compensation is paid? Is there anything I can do to get compensation now and not have to wait?

Answer:

The length of time it takes to conclude your claim will depend on the circumstances of your case. If liability (fault) is in dispute then it may be necessary for the court to hear the evidence in your case in order to make a decision on whether compensation should be paid. If you have suffered a serious injury, then it will take time for your solicitor to gather all the evidence relating to your injuries and losses. You should discuss with your solicitor the likely timescale for completing your claim. If liability is not in dispute, your solicitor should request the negligent party to make interim damages available to you which will alleviate your financial pressures. Once a court action is raised, the negligent party can be ordered to pay a reasonable proportion of the total value of your claim to you. However, if liability is denied or if you are likely to be found to have contributed to the accident to a considerable extent, it may not be possible to obtain interim damages. Again, you should discuss the possibility of interim damages with your solicitor.