1. How long will the claim take to be dealt with?
This is a difficult question. A rough average would be two years however this can greatly vary. It is irresponsible and unfair to settle a claim before your injuries have stabilised as you may be missing due compensation. To that end, it is almost impossible to settle a claim within 12 months. The time it takes to settle a claim depends almost entirely upon the types of injuries you have an the time that they take to recover. The length of claim is also determined by the legal process that all claims must take and sometimes the attitude of the defendant insurer or solicitor towards a particular claim. Your solicitor will able to give you a rough indication as to the time your claim will take and a more definite indication once medical reports are received and in light of any other complications that may arise.
2. How much will my claim be worth?
No solicitor, irrespective of their experience or knowledge is able to tell you how much your claim will be worth from the outset. This is because the amount your claim will be worth is based upon the medical reports that will be complied as evidence in your claim and your individual circumstances including the impact of the injury on your life. At times liability considerations (e.g. contributory negligence) can have a significant impact on the quantum of your claim. Once all relevant reports have been obtained and information considered your solicitor will be able to recommend offers to you to submit to the defendant, however before such time any indication as the quantum of your claim is a mere stab in the dark. I have been involved in an accident.
3. What if a person dies before bringing a personal injury lawsuit?
The deceased person’s estate via the executor of the estate may be able to make a personal injuries claim and should seek legal advice immediately. Click here to do so. Moreover, dependents and people having witnessed the accident may also be able to make a claim and should also seek legal advice immediately.
4. What if I can’t prove someone’s negligence caused my injury?
If you can not prove negligence against another party than you cannot make a common law claim. However, there may be other statutory bodies or insurance agencies through whom you may be able receive compensation. You should seek legal advice regarding this.
5. How long after winning a claim do I get my money?
It will take up to three months for the settlement monies to be passed on to you after settlement, in more complex court related matters this could be longer. This is because a cost assessment needs to made, an agreement as to costs met, and repayments made to Medicare, etc.