How long does a spinal injury claim take?

After suffering from a spinal injury as a result from an accident that wasn’t your fault you may be thinking of claiming compensation and wondering just how long it will take.

Spinal injuries can have a massive impact on yours and your loved ones lives so it is only fair that you will want to be compensated. There isn’t a set time frame though and cases can take anywhere from three months to three years to reach a conclusion. 

Although it can seem like a long time to reach a conclusion and if you are unable to work you may be worried about your financial needs in the meantime.

Why can they take so long?

The amount of time your case takes to reach a settlement will depend on several factors.

  • The severity of your injury. 
  • How cooperative the other party is. 
  • Whether your case is able to be settled out of court. 

In cases where your long term prognosis isn’t yet clear it can be advised to wait before making a claim. This is so you can be sure that the right amount of compensation is awarded for your injuries. 

What are the steps to making a claim?

  1. Once you have contacted a spinal injuries claim specialist you will have a meeting. Here they will let you know if you have a solid case. Once you both agree to proceed, your legal team will need to gather the evidence relating to your case. This can include – 
  • A statement from yourself. 
  • Copies of your medical records. 
  • Accident reports. 
  • If there was CCTV at the time of the accident this can be used as evidence. 
  • Witness statements. 
  1. Once they have all of the evidence and have built your case, a formal “letter of claim” will be sent to the individual or organisation that was responsible for your accident. This will state the reasons for the claim being brought forward and what the desired outcome is. 
  1. Many claims are settled out of court following on from the letter of claim. However sometimes the opposing party will not admit responsibility or does not agree with the proposed settlement amount. In these cases your Solicitor will then need to file court proceedings. 
  1. All the evidence will be sent to the court and they will in return set a court date. It is important to note that the case can still be settled out of court whilst you are waiting for the trial to commence. 
  1. If the case does reach the trial date the final decision will then be for the Judge to decide. 

Although it can seem like a long time to reach a conclusion and if you are unable to work you may be worried about your financial needs in the meantime.

Your Solicitor can sometimes arrange interim payments to help with your immediate financial needs. These payments will be deducted from your final settlement amount but can help with any ongoing medical needs whilst you wait for your case to reach its conclusion. 

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