IT’S JUST A QUESTION OF TIME - HOW LONG WILL MY CLAIM TAKE TO SETTLE? - BY ALANIS HUNT

Personal injury claims commonly arise from either road traffic accidents, workplace injuries or accidents in public places. A common and understandable question we are asked by most clients is “how long will my claim take?”

In Scotland, claims up to the value of £25,000 are dealt with under the Compulsory Pre-Action Protocol. The Protocol was introduced with the intention of streamlining the claims process and encouraging early settlement and outlines specific steps and timeframes that both parties must follow before a court action can be raised.

How long then do claims that are dealt with under the Protocol take? What role do Dallas McMillan Solicitors have in this process?

Initial Steps

Once Dallas McMillan have agreed to take on your case, a Letter of Claim will be drafted. The Letter of Claim sets out the circumstances of the accident and the injuries you sustained.

Once we have established who we believe was at fault for the accident, your claim is intimated on them or their Insurers who have 21 days to acknowledge receipt of the claim. They then have 3 months thereafter to investigate the claim and provide a response. In their response, they should either accept or deny liability for the accident.

What Happens if Liability is Admitted?

If liability for the accident is admitted, Dallas McMillan will gather evidence to determine the value of the claim and begin the settlement negotiations with the other side. We will consider the following:

• Medical Evidence - To value physical pain, injury and any psychological effects, we require evidence in the form of a medical report from an independent medical expert. The report discusses the injuries you sustained and how long the medical expert expects these injuries to last for.
• Further Treatment – If the medical expert proposes further treatment for the injuries, such as physiotherapy, psychological support, or any other rehabilitative services, we will discuss that with you.
• Loss of Earnings - If you have lost income due to an inability to work because of the injuries sustained in the accident, you may have a loss of earnings claim. Wage slips or tax returns if you are self-employed will be reviewed to determine the extent of your loss.

• Services - If you require any additional help or assistance from others because of your injuries, or if your injuries have affected the care you would have normally provided someone with, then you may have a claim for what is known as “services”. We will speak with you and any necessary persons to determine if this will form part of your claim.  
• Miscellaneous Expenses – If there are any out-of-pocket expenses sustained as a result of the accident, Dallas McMillan can advise if these can be recovered as part of the claim.

Timeframes for Settlement of a Claim

Once all relevant evidence is obtained, a valuation of the claim is prepared and settlement negotiations with the other side begin.

An offer to settle the claim must be made to you within 5 weeks of the other side receiving the valuation. Dallas McMillan will advise when an offer is received and explain your options before responding to the offer on your behalf.

A reasoned response to the offer must be made within 14 days of receipt of the offer. There is no set timescale within which the Defender must respond to the response, nor is there a limit on how many times the parties can go back and forth negotiating settlement. However, the Protocol does state that court proceedings must not be raised until at least 14 days after the other side receives the reasoned response.

If settlement is agreed, payment must be made to you within five weeks of the settlement agreement being made.

What Happens if Liability is Denied or if a Settlement Offer Cannot be Agreed?

If liability is denied, we will discuss this with you and, if necessary, will obtain further evidence in support of your case.  If we think the case is one that is likely to succeed in Court, we may recommend raising a court action on your behalf. A court action may also be necessary where a reasonable settlement cannot be agreed with the Defender.

It is worth noting that the Protocol does not specify timescales for how long a court action should take; the Court issues their own timetable which sets out the relevant dates for the case. All parties must adhere to the Court timetable to ensure that the case progresses.

Other Factors That Can Affect How Long Your Case Takes

As well as the above, there are multiple factors which can also affect the time it takes to bring a claim to a conclusion. These include:

• Medical Assessments – Arranging appointments and awaiting finalised medical reports can add to the overall timeframe.
• Medical Treatment – Completion of any further treatment may be required before the claim can be properly valued. Treatment costs may also require to be agreed beforehand which, in some instances, may require further negotiation with the other side.
• Cooperation of Parties - The willingness of all parties to cooperate and share information can significantly impact the overall time.
• Complexity of the Case - More complex cases, such as those involving severe injuries or multiple parties, may take longer to resolve.

Conclusion

With all factors considered, it is very common for Protocol claims to take up to a year, potentially even longer, to fully settle.

At Dallas McMillan Solicitors, we understand the complexities of the personal injury claims process. Our experienced team will guide you through each step, work to ensure your claim is handled promptly and effectively, and help you secure the compensation you deserve.

If you have any questions or need assistance with a potential claim, please contact me This email address is being protected from spambots. You need JavaScript enabled to view it. or any other member of our Personal Injury department for a free, confidential consultation.