Can you tell me how long does a claim take? My doctor has told me that I cannot return to work for two months, and I desperately need to be paid compensation for my injuries.
Unfortunately we cannot tell you how long does a claim take as there is no fixed time limit within which compensation for a personal injury must be paid. There are a number of steps that can be taken to reduce the time taken for injury compensation to be paid, and a solicitor is in the best position to ensure that all of these steps are completed.
How long does a claim take will primarily depend on whether the insurance company of the negligent third party responsible for the accident is prepared to accept liability for your injuries. The time taken to claim personal injury compensation can be increased significantly if liability for your injury is not accepted. The reason for this is that it will then be necessary to pursue the claim through the Irish courts, and numerous delays can occur due to having to wait for a gap in the court schedule and to receive a court date which all parties can agree to.
If liability is accepted – or if an Injuries Board assessment is accepted by the respondent – the time taken to claim personal injury compensation can be reduced if a settlement can be reached between you – and your chosen solicitor – and the insurance company of the negligent third party responsible for the accident. More than a third of personal injury claims in Ireland are settled by direct negotiation, and it may even be possible to arrive at a suitable settlement of compensation without having to wait for the Injuries Board to complete its assessment. If you use a solicitor to pursue your claim on your behalf, it can increase the probability of a settlement being reached quickly.
If you are required to wait for the Injuries Board to complete its assessment, the time taken for injury compensation to be recovered should be between 9 and 12 months after your claim is filed if there are no complications. The Injuries Board completes many thousands of assessments each year, and the average time taken is seven months from receipt of the claims form to the completion of the Injuries Board assessment.
The negligent third party – and his or her insurance company – then has the opportunity to accept the Injury Board assessment or to reject it. If the Injuries Board assessment is accepted, payment will be issued by the insurance company. If it is rejected you will be given authorisation to take the claim to the courts, which will increase how long will it take to claim compensation for your injuries. You may have to wait a number of months for a court date to become available.
A personal injury solicitor should be able to give you an indication of the how long will it take to claim compensation after listening to your account of the accident and any evidence you have collected of third party negligence. If a strong case can be prepared, it is probable that a settlement will be possible without the need to pursue the case through the Irish court system.