The length of time that a Medical Negligence Claim will take to settle depends on the complexity of the claim. A straight forward claim could complete within a few months, whereas a more complex claim could take years before it's completed.
What Affects How Long a Medical Negligence Claim Will Take?
When you begin your Medical Negligence Claim, your Medical Negligence Solicitor will be able to give you a rough estimation of how long the claims process is likely to take. However, this timeframe is subject to change as it is dependent on a number of factors.
These factors include:
- The severity of your injuries
- The evidence needed to support your claim (i.e. medical records, etc.)
- The need for expert medical assessments to be carried out
- Whether the other side admits liability, or whether litigation is required
- How much your claim is worth
It's important that your Medical Negligence Claim is not fully settled before the full extent of your injuries are known. If the injuries caused by the negligent medical treatment are likely to have a lasting impact on your quality of life, then this will need to be factored into your claim. This way your Solicitor can make sure that you are properly compensated for the loss and suffering the negligent treatment has caused you.
Because of this, a straightforward Medical Negligence Claim with minor injuries and a low claim value is likely to settle quicker than a more complex claim, where the injuries are more severe and the compensation value is higher.
With so many variables, it's impossible to predict exactly how long a Medical Negligence Claim will take to complete, but your Medical Negligence Solicitor will be able to keep you updated as the claim progresses.
What Happens if My Medical Negligence Claim Goes to Court?
If the other side denies liability for your injuries, then your Medical Negligence Solicitor will need to begin litigation. This means that you may need to go to Court and, consequently, your claim will take longer to settle.
The vast majority of medical negligence cases are resolved without ever going to Court. We understand that attending a Court hearing can be a stressful process, and we also understand that you want your claim to be settled as quickly as possible, so that you can move on. Our Solicitors will always work to settle a claim out of Court where possible. Once the other side has admitted liability, we will negotiate a fair settlement on your behalf to ensure that you're appropriately compensated without the need for a lengthy Court battle.
In some cases, there is no option but to commence litigation and proceed to a Court hearing. If this happens, then your Medical Negligence Solicitor will be with you every step of the way and support you through the process.
In many cases, it's possible to secure interim payments before the claim has fully settled. These are smaller payments of compensation that are made to you while the full and final settlement figure is still being negotiated.
Interim payments can alleviate financial difficulty and help you to cover out of pocket expenses in the short term. For example, if you are unable to work because of your injuries, and you are struggling to cover your everyday costs, then this is where an interim payment could help. Similarly, if you are having to pay for medical treatment, or for adaptations to be made to your home, then interim payments may be able to help you cover these costs.
It's important to note that it's not always possible to secure interim payments while a claim is still ongoing. However, for more complex claims where liability has already been admitted but a final settlement figure has not yet been agreed, an interim payment could be an option.
Any amount that has already been paid to you as an interim payment will be deducted from your final compensation settlement when you receive this.
Most Medical Negligence claims can be dealt with on a No Win No Fee basis.