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Acquiring a business. Find a local QualitySolicitors branch. Search our site. Share this page. How long does a medical negligence claim take? How can I prove that my condition is a result of medical malpractice? How much will I receive in compensation for medical malpractice? I have been permanently injured following an operation that went wrong and my partner has had to look after me — can I claim compensation for the time spent caring for me?
I suffered serious side effects from a severe tear during child birth 2 years ago — can I claim for medical negligence? My cancer diagnosis was missed and my treatment was delayed — can I claim medical negligence for my misdiagnosis? Will I have to go to court if I make a malpractice claim? Expert legal advice you can rely on, get in touch today.
Law Group Personal Business. Please Select A Law Group. Please Select A Law Type. If you do not understand any items, please contact us. Please let us know you are not a robot. Get in touch. Your local legal experts. Why QualitySolicitors? Find out more. They will have to present your claim to a judge at trial and seek a decision in your favour. This all takes time. The more complicated the dispute the longer the delay. A simple RTA where both drivers blame each other will be much quicker to resolve than an industrial accident with many witnesses.
Is liability admitted in your case? If so, this is not an issue. If not, ask your solicitor have they prepared your evidence? Are court proceedings underway?
To settle your personal injury claim the injuries that you sustained need to be indentified. They either need to be resolved, have a timescale in which they will resolve or be permanent. This is established by obtaining a medical report from a doctor. The doctor must be qualified to comment upon your injuries. This report will be used to decide how much compensation you recieve. Delays can occur when your injuries are more serious.
The doctor may not be able to provide a timescale for recovery. Perhaps it is too soon after your accident. You may have to undergo further treatment and await the outcome. Maybe you need diagnostics such as an MRI scan or ultrasound. The doctor may not feel qualified to comment upon a specific injury and recommend that a further report be obtained from a specialist eg a consultant orthopaedic surgeon. Have you been examined by a doctor?
What does the report say? The aim is to help Claimants who may be suffering financially as a result of being off work. An interim payment is essentially an advance payment on your damages and is therefore simply deducted from the final compensation award at the end of the case.
Ultimately, there is no 'formula' which states how long a compensation claim will take to settle. Each case is different and whether settlement of your particular case takes several weeks, several months or even a couple of years to achieve will depend largely on the extent of your injuries, the amount of time you are expected to take to recover and whether or not liability for the accident is in dispute. Liability may be admitted straight away by your Opponent, and if it is then the claim can progress in a relatively straightforward manner.
However if liability is denied, and your Opponent is arguing that you or someone else contributed to the accident, then detailed arguments are likely to be exchanged between the various legal representatives. As part of the investigations into liability, it may be necessary to get witness statements, review lengthy documents or CCTV footage. Depending upon the strength of the evidence available and the complexity of the issues, liability discussions can take time to be resolved and agreed upon, which in turn may lengthen the amount of time it takes to settle your claim.
Once conclusive medical evidence has been obtained and evidence gathered in support of your other 'special damages' financial expenses, loss of earnings, travel expenses etc , your lawyer may be in a position to begin settlement negotiations. It is important to note that Court proceedings must be issued within 3 years of the accident date, so this is usually the final backstop date in any negotiations. So in a straightforward claim of these natures, the case would ideally settle within months.
However some cases are expected to exit this streamlined process due to complexity or liability issues which may then extend the length of time required to reach a settlement.
Whilst each claim is unique, the general settlement timeframes set out below can be used as a rough guide for each type of personal injury claim. These timeframes are based on the assumption that liability is admitted, and recovery from the injuries is expected within a reasonable amount of time:.
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