How long will my injury claim take?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    How long will my injury claim take?

    Personal injury claims can vary with regards to the time it takes to reach a conclusion. Different factors can affect this. Perhaps the most important factor is whether or not you are represented by an experienced personal injury solicitor who will see to it that your claim is dealt with quickly and effectively. However, other factors can affect the length of time that it takes to complete a claim, such as how easy it is to establish who is at fault, the time taken to negotiate the right amount of compensation and whether or not you have to go to court.

    Determining who is at fault

    One of the biggest factors that can affect the length of time it takes to complete a personal injury claim is how easy it is to ascertain who is at fault. If it is clear who is liable for the accident then claims can normally be dealt with very quickly, and are usually settled out-of-court. Timescales still vary, but typically, where somebody admits liability, a claim is normally settled between 6 months to a year. However, some types of personal injury claim, such as medical negligence, can be very complicated and will take longer.

    Dealing with liability disputes

    If the person you are claiming compensation from disputes the fact they are to blame, then the case will take longer. In addition, even if somebody admits to being at fault, they might dispute the amount of compensation you should receive. This too can add to the timescale.

    However with an expert injury lawyer, these types of disputes are normally settled fairly quickly and may only take an extra month or two to resolve. If things can’t be settled, the case will eventually have to go to court.

    What about the court hearings?

    If you have to go to court because the person you are making your claim against refuses to accept liability or they are disputing the amount of compensation you are claiming, then the length of time to resolve the claim will be longer. Courts rarely act quickly and the case may have to appear before the court several times. However, a court will normally issue a timetable of events and your solicitor will keep you informed of the dates of the proceedings and the progress of the case.

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