If you have been able to prove negligence which resulted in injury/medical illness, this leaves the way open to claim compensation. How long it takes to receive compensation can vary dramatically. We will now take a look at guidance regarding the receipt of compensation and what you can do if it is not forthcoming.
Taking a step back and looking at the situation from a distance, both the defendant and claimant would prefer this issue to be closed as soon as possible.
The claimant, so they can receive the compensation, and the defendant, so they can draw a line under their expenses.
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There are various factors which could impact the timescale, but in general, you should receive compensation within 14 to 28 days of offer acceptance. This is only general guidance because each case is different, and there are various aspects to take into consideration.
Data suggest that only 1% of personal injury claims actually make it to the courtroom. The vast majority, where there is proof of negligence, are settled out of court.
In this scenario, the timeframe for payment of the compensation should be within 14 days of an agreement being reached.
The situation when receiving compensation as a consequence of a court ruling is different. You tend to find that courts will allow 21 days for payment of compensation although again this is not set in stone and can vary.
However, it is worth noting that refusal to pay compensation in the required timeframe is not looked on favourably by the courts.
When negotiating compensation, or the court rules on the level of compensation, there should be an agreed timeframe for payment. As we touched on above, this tends to be between 14 days and 21 days after acceptance of an offer.
If payment has not been made in the agreed timeframe there are a number of options:-
If a legally binding agreement has been made for compensation, the courts should have no problem in upholding this agreement. If the case is referred to the court, then there will be additional expenses and possibly interest added to the compensation.
Where an agreement has been made, it makes no sense whatsoever for the defendant to delay settlement.
Over the years, we have seen some relatively complex personal injury claims both going through the courts and settles out of court. You can find that arriving at the final compensation figure takes time for some of the more complicated affairs.
Therefore, where the claimant has already proved negligence (which has been accepted), they may be able to claim an interim payment.
The basis on which such a claim could be made is that the claimant is incurring significant expense while the compensation figure is finalised. There will likely be a minimum compensation figure already agreed so there should be no problem in arranging an interim payment.
If an interim payment cannot be agreed between the defendant and the claimant, then the claimant can go to court.
In a similar manner to non-payment of a complete compensation package, you can pursue an unpaid interim compensation payment. It is worth noting that by far and away, the vast majority of personal injury compensation claims are funded by some form of insurance cover.
Businesses in the UK are obliged to have insurance cover, public bodies will have insurance cover as standard, and even individual household insurance could/should cover issues in the household. So, the defendant’s personal financial situation should have no bearing on the timing of compensation payments.
No. There is no legal requirement to use a claims management company, and indeed many people will pursue their own compensation claims without third-party assistance. However, there are issues to take into consideration.
Even those compensation claims which appear to be watertight may fall victim to the UK legal system with various deadlines and submissions required. A claims management company would be well aware of the intricacies of the UK legal system.
There are two different types of compensation which are known as general damages and special damages. General damages relate to financial compensation for your pain and suffering.
Special damages relate to compensation for expenses incurred and future expected expenses. They will also take into account loss of earnings and other similar issues.
In theory, the idea of negotiating with the defendant’s legal team may seem interesting and challenging; it is not straightforward! Personal injury claim companies have significant experience in negotiating compensation.
They have legal representatives working on their behalf, know the fair figures before entering the room and can negotiate hard on your behalf.
Evidence suggests that personal injury claims management companies are able to negotiate significantly improved compensation terms compared to individuals acting on their own. While it will depend upon the individual case, some estimates place this at a multiple up to 4 or five times.
There is no figure set in stone, but when you bear in mind success fees, often around 25% of the compensation awarded, there must be numerous occasions where claims management companies literally pay for themselves.
Once an agreement has been reached regarding negligence, it is simply a case of negotiating compensation. Payment of out-of-court settlements tends to be quicker, up to 14 days, while courtroom settlements tend to take a little longer, anything up to 21 days. Once an agreement has been reached, this is legally binding, and a breach can result in further legal action.
As we touched on above, it is worth remembering very few compensation claims are paid from the defendant’s personal finances. Whether the incident occurred in the workplace, private property or involved public services, there will be insurance cover.
Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.
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