We often get asked how long a particular claim will take. In response, I would ask how long is a piece of string? Jokes aside, the truth is that it is impossible to say with any certainty how long your claim could take. At the outset of the claim it is impossible to predict.
All lawyers rely to a certain extent on other businesses/people whether that be insurers, other solicitors, clients, the courts etc. We endeavour to do our part as soon as possible but if for example, an insurer is failing to respond to us, we can take action via the courts to progress matters but we have to comply with the relevant protocols (which for example means that we have to give the insurers a certain amount of time in which to respond to the claim). However protocols are a good thing and are designed primarily to speed up the claims process.
To initiate an accident at work claim we basically draft a letter to the Defendant known as a “Letter of Claim”. This letter will set out the nature and circumstances of the Claimant’s claim, reasons why the Defendant is at fault and the relevant disclosure documentation that should be provided if liability is not admitted. The Defendant or the Defendant’s insurers have a period of 21 days in which to acknowledge receipt of the Letter of Claim.
Following acknowledgement the Defendant or the Defendant’s insurers have a period of 3 months in which to investigate liability and provide a response. The response may be to admit or deny liability.
If liability is denied then we would expect some documentary evidence in support of the denial.
If there is a failure to respond all together (i.e. a failure to admit or deny liability) or a failure to provide sufficient documentation, then we can look to make an application to the Court for pre-action disclosure. This is not a quick fix but an option if the Defendant or the Defendant’s insurers fail to co-operate or respond in time. The application is basically asking the Court to grant an Order forcing the Defendant to disclose relevant documentation.
If no documentation is available then it may be difficult for the Defendant to dispute liability. If documentation is available this can be reviewed and analysed. Without such documentation it is difficult for your Solicitor to advise you on the prospects of success in your claim. For example there could be something in the records which strongly supports or strongly repudiates your claim.
We always try to progress cases as quickly as possible and this is why we have procedures in place to keep clients regularly updated. However I would point out that not everything is about speed as you also want to receive the maximum amount of compensation that you are entitled to. It goes without saying that if your claim is disputed and Court Proceedings are issued, the claim is likely to take longer. In claims for work injury the limitation period is 3 years which means that Court Proceedings must be issued within three years of the date of the accident (there are longer time limits for industrial disease claims).
Any time frame given as to how long your case may take is approximate. Personally I would not choose a Solicitor solely on the basis that they tell you the claim will be settled in 6 months. Most claims may settle in that time frame but every case is different and unique. Unfortunately we cannot say with any certainty how long a claim will take. However we endeavour to obtain you the maximum amount of compensation that you deserve as quickly as possible.
