How Long Do Car Accident Personal Injury Claims Take?

Have you been wondering, ‘How long do car accident personal injury claims take?’. If so, this guide will look at the steps you could take following an accident on the road and how different factors could impact the time frame of your claim. Also, we will discuss how long you have to start your personal injury claim.

Road traffic accidents can result in injuries of various severity, from minor cuts and bruises to serious and life-threatening harm, such as paralysis. As such, road users owe one another a duty of care to navigate the roads in a way that keeps each other safe.

The Road Traffic Act 1988 (RTA) is the piece of legislation that outlines the duty of care road users owe. Furthermore, The Highway Code also provides guidelines and rules for different road users, some of which are backed up by laws.   

To be eligible to claim compensation following a car accident, some criteria must be met. This includes proving that a road user failed to uphold their duty of care, resulting in you becoming injured. A breach of duty of care is known as negligence.

If you have been injured in an accident caused by the negligence of another road user, you may be eligible to claim car accident compensation. Contact our team of advisors for more information. They offer free legal advice with no obligation to further your claim with one of the specialist car accident claim solicitors from our panel. 

To speak to one of our team today, you can: 

how long do car accident personal injury claims take

How long do car accident personal injury claims take?

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  1. How Long Do Car Accident Personal Injury Claims Take?
  2. Car Accident Compensation Payout Examples
  3. Car Accident Personal Injury Claims – How To Prove Them
  4. What Could Lead To Car Accident Claims?
  5. Can I Work With No Win No Fee Solicitors?
  6. More Information – How Long Do Car Accident Personal Injury Claims Take?

How Long Do Car Accident Personal Injury Claims Take?

There are several factors that can influence how long car accident personal injury claims take, such as:

  • The complexity of the case
  • Whether further evidence is required to support your claim
  • Whether liability is admitted

Additionally, the Whiplash Reform Programme could affect your claim. As of the 31st of May 2021, the process of claiming compensation for whiplash as a passenger or driver of a vehicle over the age of eighteen was changed. You must now make a claim for injuries valued at £5,000 or less through the government’s online portal. In these instances, injuries are valued in line with the Whiplash Injury Regulations 2021. If the injury is valued at over £5,000, the claim will be made in the traditional way. 

You should also be aware of the time limit set out by the Limitation Act 1980. It states that you generally have to begin your claim within three years from the date of the accident or from the date you connected your injuries to negligence. There are a couple of exceptions to these rules, for example, if you are under eighteen or lack the mental capacity to make a claim.

For any more enquiries about whiplash claim amounts or time limits for starting a claim, please speak to a member of our team. 

Car Accident Compensation Payout Examples

There are two potential heads of claim that could be included in a car accident personal injury settlement. For example:

  • The physical and psychological pain and suffering caused by the injury is considered under general damages. This includes physical injuries as well as psychological harm such as depression, anxiety, and in extreme cases, post-traumatic stress disorder (PTSD). It also factors in the impact your injuries have on your quality of life. 
  • Certain financial losses caused by the injury are considered under special damages. This can include loss of earnings, travel expenses, cost of care and housing alterations. It is imperative to keep evidence of these financial losses, such as payslips, travel tickets and bank records.  

We have provided a table below using the Judicial College Guidelines (JCG), produced in April 2022. Legal professionals, such as solicitors, refer to this text to help them value the general damages portion of personal injury settlements. It contains guideline compensation amounts relating to different injuries. The amounts in the document are based on previous claims, but you should only use the figures as a guide.

InjuryDetails Compensation Amounts
Very Severe Injury Resulting from Brain Damage (a)The person will need full-time nursing care and will show little to no meaningful response to their environment. £282,010 to £403,990
Less Severe Injury Resulting from Brain Damage (d)The person will have made a good recovery and will be able to partake in normal social life and return to work.£15,320 to £43,060
Leg Injury (a)(ii)Amputation of both legs below the knee. £201,490 to £270,100
Severe Neck Injury (a) (i)The injury will result in permanent spastic quadriparesis or be associated with incomplete paraplegia. In the region of £148,330
Amputation of Arm (b) (ii)Loss of one arm amputated above the elbow. £109,650 to £130,930
Severe Psychiatric Injury (a)The prognosis will be poor, and the person will have marked problems coping with daily life.£54,830 to £115,730
Chest Injury (b)A traumatic injury to the chest, heart and/or lungs which causes permanent damage, such as impairment of function. £65,740 to £100,670
Severe Back Injury (a) (iii) The person will have disc fractures, lesions, or soft tissue injuries resulting in chronic conditions with continuing disabilities, such as severe pain. £38,780 to £69,730
Serious Shoulder Injury (b)The person will have a dislocated shoulder alongside brachial plexus damage which causes pain in the shoulder, elbow and neck.£12,770 to £19,200
Moderate Shoulder Injury (c)The person will have a frozen shoulder, with the symptoms persisting for around two years. £7,890 to £12,770

Contact our advisors for more information regarding the compensation you could receive. They may help you to use a car accident compensation calculator for an accurate payout estimate. 

Car Accident Personal Injury Claims – How To Prove Them

Following a car accident, we recommend seeking immediate medical advice. Not only could this ensure you receive the correct treatment for your injuries, but the medical reports could also be used as evidence.

As soon as you are able, you should collect evidence proving that the other road user’s negligence caused your injuries. This could include: 

  • Photographic evidence – Showing the scene and the injuries you sustained. 
  • CCTV or dashcam footage – This could show the accident happening. 
  • Medical records – Detailing your injuries and any treatment required. 
  • Witness contact details – It is important to note that you cannot obtain the statement yourself. It must be sourced by a third party, such as a solicitor. 

We also recommend seeking legal advice. An advisor from our team could provide free legal advice and assess your claim. If they find it has a chance of success, a solicitor from our panel could be assigned to represent your case. A solicitor could help you gather evidence and advise on how long car accident personal injury claims take.

What Could Lead To Car Accident Claims?

There are various ways a car accident could occur. Potential examples of this include:  

  • A driver is under the influence of alcohol, which exceeds the legal limit, and knocks a cyclist off of their bike, causing them to sustain a back injury.
  • Speeding down a busy road, a driver crashes head-on with another vehicle, resulting in the other driver sustaining serious injuries. 
  • A driver looks down at their phone and hits the back of the car in front of them, causing the other road user to suffer from whiplash.

However, it’s important to note that not all car accidents will form the basis of a valid claim. You must prove that you were injured due to a third party breaching their duty of care.

Can I Work With No Win No Fee Solicitors?

Although you are not legally required to use a No Win No Fee solicitor, offering to represent claims under a Conditional Fee Agreement, it can be beneficial if you want to access the services of a solicitor without paying large upfront fees.

A legal professional can help you to build your case and offer expert advice, whilst the CFA generally means you don’t pay for their services if your claim is unsuccessful. On the other hand, if your claim is successful, your solicitor will take a small, legally capped percentage of the compensation. This is referred to as a success fee. 

If you’d like further information, please contact one of our advisors. 

Ask Us “How Long Do Car Accident Personal Injury Claims Take?”

Our advisors are available 24/7 to provide free legal advice at a time convenient for you. Also, they will place you under no obligation to further your claim with our panel of solicitors. They can also provide further guidance on how long car accident personal injury claims take.

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More Information – How Long Do Car Accident Personal Injury Claims Take?

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Thank you for reading our guide. We hope we have answered your question, ‘How long do car accident personal injury claims take?’. However, if you have any other questions, get in touch on the number above.

Writer Jess Oliphant

Editor Meg McDonald