Making a claim for compensation when you’ve been injured can resemble a marathon more than a sprint. From the time you’ve been injured to the final resolution of the claim can take a minimum of 18 months and often longer.

There are a few reasons why a personal injury claim can take this long – from collecting evidence, reports and records, to allowing the injury to stabilise and negotiating with the insurer to reach a settlement.

While it’s true some straightforward personal injury claims can be resolved between the parties within 9-12 months, without the need for court action, more serious and complex injuries will generally lengthen the time it takes for the claim to be finalised.

While every effort is made to expedite your claim, it’s also important to get the steps right leading up to a potential settlement or a trial of the issues. Whether your personal injury was sustained at work, in a road accident, or you were injured in a public place, taking advice and guidance from legal professionals specialising in compensation can help streamline the process of making a claim, meet all necessary deadlines and take the stress off you, the injured party.

Steps in making a claim and the importance of medical evidence

The basic steps in making a personal injury claim are listed below as an indication as to where delays can potentially occur:

• the injury/accident occurs;
• report of the accident and injury made (in the case of workers’ compensation, for example, to the employer, insurer and Workcover authority);
• injured party seeks medical attention and help;
• injured party finds out their rights and strength of a possible claim for compensation from an experienced personal injury lawyer;
• further medical assessments, including a likely independent evaluation of the injury or injuries;
• case mediation between the parties to avoid the need for litigation through the courts;
• if no resolution is achieved through the dispute resolution process, further legal proceedings commence;
• trial of the issues before a court to decide the claim.

The primary reason a personal injury claim is not resolved for at least 12 months after the action is initiated is because it’s necessary to wait to allow maximum improvement of the injury. It must be considered ‘stable and stationary’ before a proper assessment can work out the permanent effects or otherwise of the injury.

Medical evidence is a key part of any personal injury claim but unfortunately this process can take some time. The initial medical examination after the accident to assess the extent of the injury will often lead to further appointments with specialists to provide further evidence of its extent. As everyone knows, appointments with specialists usually do not happen instantly!

During negotiations towards a compensation settlement between the insurer and your personal injury lawyer, it’s likely you’ll need to attend an appointment with an independent medical examiner (IME) to gather more information on the injury for both the insurer and your legal representative to utilise in negotiations towards a settlement.

Other reasons that can delay a personal injury claim

Aside from the medical assessment process another common reason for a personal injury claim to be delayed is the negotiation process between your legal representative and the insurance company for the defendant. In the back-and-forth of the claim, the insurer may seek more medical evidence to support your claim of injury. It will also conduct its own investigation into the injury by collecting documentation, witness statements, medical reports and other liability reports from police, WorkCover and – in cases of death – the coroner.

It may also argue that your own negligence contributed to the injury and that you are therefore entitled to less compensation. It may also reject the claim in its entirety. All of these scenarios require a response from your personal injury lawyers which can lengthen the time it takes to resolve the claim.

If the negotiation process leads to stalemate, then the litigation process begins. While very few personal injury claims proceed to court because of the time and expense involved, doing so will inevitably result in your claim taking longer to resolve. From collection and preparation of evidence, to waiting for a hearing date and going to trial, court action can add a year or more to your claim.

Discuss your case with our expert team

We are compensation specialists at Lifestyle Injury Lawyers who help clients progress their claims every day, whether they were injured at work, on the road or after falling in a public place. After getting initial treatment for your injury, your first step should be to discuss what happened with a member of our professional team. We can help you work out the strength of your claim and give you an indication of how quickly it can be resolved so that you can access the compensation you’re entitled to.