How Long Does Compensation Take To Come Through?

As you may know, if you’ve suffered because of somebody else’s negligence, you could be entitled to seek compensation. That could be the case in road traffic accident claims, medical negligence claims, accident at work claims and personal injury claims. A common question we hear is “how long does it take for compensation to come through?”

How long does compensation take to come through guide

How long does compensation take to come through guide

In our experience, there are a number of factors that could affect payout times so we’ve written this guide to help.

We’ll also discuss the claims process, explain why you could be compensated and what amount of compensation you might receive.

How Long Does It Take For Compensation To Come Through?

One of the easiest ways to find out about your options is to call our claims line. Our advisors review cases on a no-obligation basis and give free legal advice. Where claims appear to have strong grounds, we could connect you with one of our personal injury solicitors. Should they decide to represent you, you’ll benefit from a No Win No Fee service.

If you have decided to begin your claim already, please get in touch on 0800 073 8801 today. You can also connect with us via our contact page, or by using our live chat service.

To find out more about compensation payout times before calling, please read on.

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A Guide On How Long Does It Take For Compensation To Come Through

Throughout this guide, we’ll look at different types of compensation claims and how long they might take to be settled. Also, we’ll explain what compensation claims are, why they might be possible and how settlement amounts are determined.

It is our belief that no matter how long the claims process takes, you are more likely to receive the correct amount of compensation if you have a solicitor on your side. Therefore, we’ll explain how our solicitors operate and why they offer a No Win No Fee service.

Something to bear in mind is that all claims have time limits. For personal injury and medical negligence claims, you’ll have a 3-year limitation period. This will either begin on the date you were injured or from your ‘date of knowledge’. This is the date that your injuries were diagnosed.

For criminal injury claims, you’ll need to begin within a 2-year period.

It is important to note that when you seek compensation for personal injuries, it is quite rare for the case to end up in court. In the majority of cases, claims are settled one way or another between your solicitor and the defendant’s insurers.

Compensating Children

If a child is injured, they cannot seek compensation on their own. Therefore, a responsible adult such as their parent could represent them. They would be known as a litigation friend. In these cases, the time limits detailed above do not apply in the same way (if the claim happens before the child’s 18th birthday).

Importantly, any compensation paid out in child claims is held in a court trust fund. Applications can be made to the court to withdraw funds but any money that remains will be paid out to the claimant on their 18th birthday.

If no claim is made before the child turns 18, the 3-year claim window begins from this point, giving them until their 21st birthday.

If you’d like to check how long your compensation claim will take or if you have any questions about what to do next, please get in touch with our specialists for more information.

What Is A Compensation Claim?

For a solicitor to consider representing you, you will need to show them that:

  • You were owed a legal duty of care by the defendant; and
  • The defendant breached that duty of care; and
  • You sustained an injury as a direct result of that breach.

You shouldn’t worry too much about proving whether or not a duty of care exists. This is formed by legislation and your solicitor will be able to explain whether it has been established in your case. For example, all employers have a duty of care towards employee welfare in the workplace. This is established by the Health and Safety at Work etc. Act 1974.

Similarly, all road users and healthcare professionals owe you a duty of care too.

Evidence to support compensation claims

So, to help prove that negligence caused your injuries, you will need to provide evidence. If you have ample evidence, you can greatly reduce how long it takes for compensation to be paid. The types of evidence you could use includes:

  • Photographic evidence. This could include photos of the accident scene or your visible injuries.
  • Medical reports. These can help establish the extent of your injuries as well as how long you suffered.
  • Witness statements. If the defendant won’t admit liability, a statement from a witness could be used to corroborate your accusations.
  • Accident reports. By law, many businesses must record accidents in a book or on specialist software. You are entitled to a copy of the report. They can make it much easier to prove times, dates, locations and what happened.
  • Emergency services reports. If the police or ambulance service attended your accident, you could obtain copies of their reports.
  • Dashcam or CCTV footage. The blame for accidents that have been recorded can be much easier to prove. Therefore, try to obtain footage if it is available.

While it might seem quite time consuming, gathering evidence to support your claim can tip the balance in your favour when it comes to seeking compensation. If you’d like us to review evidence in your case, please call our specialists today.

What Factors Affect Compensation Settlements?

As we’ve alluded to, no two claims are the same. As such, it can be very difficult to say how long compensation might take to be paid into your account. Each case will be based on several factors and the time it takes to be finalised could depend upon:

  • What type of accident you were injured in.
  • The severity of those injuries and the time it will take to recover from them.
  • Who you are making your claim against.
  • What evidence is needed to support your claim.
  • Whether liability is admitted for the accident and your injuries by the defendant.

We do process claims as efficiently as possible but, as you can see, some factors are out of our control.

How Long Does Criminal Injury Compensation Take To Come Through?

If you’re injured during a violent crime, you may need to claim through the Criminal Injuries Compensation Authority (CICA). This is a government scheme that can compensate victims of robberies, assaults and sexual crimes including rape.

While the CICA do try to assess claims within 12-months, several factors can have an impact on compensation payout times. They include:

  • Obtaining information from the police.
  • Gathering medical records from the NHS.
  • Assessing your claim against the scheme’s criteria.

We can help with claims through the CICA scheme. If you’d like to know more, please let us know.

How Long Does Whiplash Compensation Take To Come Through?

One of the most common injuries caused by a road traffic accident is whiplash. On May 31st 2021 the government introduced new reforms to speed up whiplash claims following RTAs. In cases where the claim value is less than £5,000, you can now claim directly through an online portal. There is no evidence, at the time of writing, as to how much time, if any, the new system will save.

However, how do you know what the value of your claim is? Our advice would be to let us assess your claim for free and without obligation. After your review, you’ll be advised whether we can help or whether you should proceed to use the government’s claim portal.

Speaking to us certainly won’t do your claim any harm and you’ll get free legal advice about how to proceed.

If we take on your claim, you’ll be reviewed by a medical specialist so that the full extent of your injuries can be considered.

Holiday Accident Claim Payouts

You might think that compensation payout times might be affected if you’re claiming for injuries sustained on holiday. That may be the case if you’re having to claim directly against a foreign company. However, in many cases where you’ve purchased your holiday through a UK tour operator, package holiday regulations will apply.

In these cases, the claims process is very similar to other personal injury claims. As such, the process will involve sending the claim to the tour operator, finding out if they accept liability and trying to reach an amicable settlement where possible.

Delays in being paid compensation for a holiday injury can be caused if there’s not enough evidence to prove who was to blame. Also, the holiday company may accept liability for the accident but argue over the extent or cause of your injuries. This is where having a specialist solicitor on your side can really help. They could use their experience and legal skills to fight your corner and supply additional evidence where needed.

How Long Does Medical Negligence Compensation Take To Come Through?

If you’ve suffered avoidable injuries because of medical negligence, the claims process is slightly different. That’s because proving negligence requires a panel of similarly skilled medical professionals to review whether they’d have acted differently to the one who caused your injuries. If they agree with the way you were treated, a claim is unlikely, however, if they disagree, you could go on to claim compensation.

For minor injuries that take a matter of months to recover from, claims could be settled in as little as 9 to 12 months. In more serious cases, though, a compensation payment may take a lot longer.

For example, if a child suffers serious brain injuries due to negligence during birth, it may not be possible to finalise the settlement amount for many years. In these cases, your solicitor could help you by claiming interim payments in the meantime.

Most claims for NHS negligence are dealt with by NHS Resolution. In their 2021 annual report, they revealed that 74.7% of cases are resolved without formal court proceedings. 25% did require court intervention but there was no need for a formal trial meaning that only 0.3% of cases had a trial. Where claims can be settled without court trials, compensation payment speeds can be increased greatly.

If you believe you have a valid claim for medical negligence, why not discuss it with us? We’ll explain your options after reviewing your case for free.

Could I Get An Interim Payment?

It’s quite common for claimants to struggle to deal with the financial impact of their injuries. This can be exacerbated if your claim takes a long time to be processed. There’s no need to worry about this too much though.

If liability has been admitted in your case but the amount of compensation is still being negotiated, your solicitor can ask for an interim payment to be made. This could help you deal with any immediate costs that need paying as a result of your injuries. For example, if you need mobility aids to help you cope with your injuries, an interim payment could cover the costs. Similarly, if you need to pay for a professional carer to support you, these costs could also be paid for early as well.

To discuss whether you could receive an interim payment while your claim is handled, please get in touch.

How Are Compensation Claims Calculated?

Let’s now take a look at what level of compensation could be paid in personal injury claims. To help do this, we’ve provided a table that shows data from the Judicial College. This is something solicitors use to estimate settlement levels for specific injuries.

InjurySeverityCompensation BracketFurther Details
NoseFractures£9,990 to £21,700Covers multiple and serious fractures of the nasal complex and result in permanent damage or require multiple surgical procedures.
FaceScarring£8,550 to £28,240Where there is some cosmetic disability but the worst effects have been treated by cosmetic surgery.
NeckModerate£12,900 to £23,460This range covers wrenching injuries and soft tissue injuries that cause discomfort, serious loss of movement, discomfort and recurring pain or permanent pain.
BackMinor£7,410 to £11,730Covers any back injuries that cause soft tissue damage. In this settlement range, an almost full recovery will take around 5-years (without surgery).
ShoulderModerate£7,410 to £11,980This settlement range includes injuries such as frozen shoulder that results in limited movement for around 2-years.
ElbowSevere£36,770 to £51,460Covers seriously disabling elbow injuries.
KneeModerate£13,920 to £24,580Injuries such as dislocation, torn cartilage and torn meniscus are covered by this category.
AnkleSevere£29,380 to £46,980Where injuries result in pins, metal plates and screws being used and where a residual disability remains or where extensive surgery is needed.
FeetSerious£23,460 to £36,790Injuries that cause continuing pain from traumatic arthritis or result in the risk of future arthritis.

As you’ll see, the figures vary according to the severity of your injuries. The amounts listed are based on how much pain, suffering and loss of amenity you’ve suffered. To help prove this, you’ll be asked to attend a local medical assessment during your claim. It will be carried out by an independent medical specialist. They will review your medical notes, discuss how you’ve been affected and examine you. After the meeting has ended, they’ll produce a report to detail your injuries and offer a prognosis.

The figures we’ve supplied do not relate to criminal injury claims which are based on the CICA tariff of injuries.

As well as claiming for your injuries, it’s also possible to claim for any costs or expenses your injuries have caused. These can include care costs, medical expenses, lost earnings, future lost income, travel costs and home or vehicle modifications.

Want to know what you could claim for? If so, why not get in touch today?

No Win No Fee Personal Injury Solicitors

There is no doubt that the main worry for many people seeking compensation is losing money on solicitor’s fees. We can reduce your worry though because our solicitors work on a No Win No Fee basis for all accepted claims.

When you get in touch, your claim will be reviewed for free. If a solicitor agrees to represent you, they’ll supply a Conditional Fee Agreement (CFA). This will show you what must be achieved by your solicitor before they need to be paid. Basically, if you’re not paid compensation, you won’t need to pay for your solicitor’s work.

In your CFA, you’ll see information about a success fee. This is a percentage of any compensation you receive that will be deducted by your solicitor to cover their costs. It is capped by law to prevent overcharging.

To check whether one of our solicitors could represent you on a No Win No Fee service, please call our specialists today.

Talk To Us

We do hope this guide on how long it takes for compensation to come through has proven useful. If you would like to talk to us about starting a claim, we can be reached by:

We realise how busy life can be. For that reason, our claims line operates 24-hours a day, 7-days a week. If you have any questions or are ready to discuss your options, please get in touch. If your claim has strong grounds, we could appoint a No Win No Fee solicitor from our team.

Essential References

Now that we’ve provided answers to the question, “How long does it take for compensation to come through?”, we’ve decided to add some additional guides and resources below that might prove useful.

The Motorists Insurers Bureau (MIB) – The organisation you could claim for if you’re hit by an uninsured driver.

When To Use NHS 111 – Advice on when you should contact the NHS if you’ve suffered an injury.

Reporting To The Police – This is a tool where some incidents can be logged with the police online.

Council Claims – A guide on seeking damages for injuries caused by council negligence.

Hospital Negligence Claims – This article looks at when claiming against a hospital might be possible.

Shop Accident Claims – Information on claiming if you’ve suffered an injury in a shop or supermarket.

Civil Justice And Injury Claim Statistics

It is important to note that not many personal injury claims require court action. Therefore, statistics relating to such claims are not published and are quite hard to come by. However, some figures released by the Ministry of Justice for April to June 2020 show that:

  • County court claims were down 75%.
  • 4,200 claims went to trial and 46,000 claims were defended.
  • Personal injury claims were down 42% to 16,000.

The lower figures released in this report are largely down to the limited court resources caused by the COVID-19 pandemic that affected this reporting period.

FAQs About How Long Does It Take For Compensation To Come Through

What questions will a personal injury solicitor ask me?

When you engage the services of a personal injury solicitor, they will want to know how your accident happened, who caused it and what injuries you sustained. They will then move on to discuss what impact your injuries have had on your daily life and review any evidence that you’re able to supply.

What is the average payout for a personal injury claim in the UK?

Personal injury claims are based on several factors. These include the severity of your injuries, whether they’ll affect you in the future and how you’ve been affected financially. Therefore, the value of each claim will vary widely. As such, it’s not really possible to provide average figures.

However, to give you some idea, somebody who broke a couple of fingers and needed a couple of days off work might receive payment of a few thousand pounds whereas somebody who broke their back in their 20s, was paralysed and could never work again could receive a 6 or 7 figure settlement.

Can you claim twice for personal injury?

You can only make a single personal injury claim for a particular accident. Once it is settled in full, you can’t request additional compensation later on. Therefore, it’s important to consider any future suffering before settling your claim. That said, if a claim is likely to take a while because your prognosis is uncertain, a solicitor could request interim payments to be made while your claim progresses.

In this guide we’ve tried to answer the question, “How long does it take for compensation to come through?”. If you need any further information, please feel free to call.

Guide by BH

Edited by REB