How long a personal injury claim takes is one of the most common questions that we as experts in claims for personal injury compensation hear from our clients. This isn’t surprising, as it seems everyone has a story about someone’s claim that took 5 years (or more) to finish only to end up with a small amount of compensation and huge lawyer’s bill.
But we are always glad to assure our clients that those types of scenarios, at least in our firm’s experience, are exceedingly rare. There are a couple of reasons for this.
How do my injuries affect my personal injury claim?
The first reason is that the main driver in the timing of claims is not obstacles thrown up by the legal system but rather the need for injuries to reach a point of stability before a claim can be finalised. The best way of explaining “stability” in this context is that an injury has reached a point where, in the opinion of medical experts, it is not likely to get much better or much worse in the future. At that stage, a medical expert is able to assess the permanent impairment caused by the injury and the likely future path, or prognosis, of the injury. We as expert personal injury lawyers can then use that expert opinion to calculate an assessment of appropriate compensation, especially compensation for course the injury related symptoms are likely to take in future.
The key element of this is usually the calculation of what is called future economic loss, or effect of an injury on the injured person’s capacity to work and their potential future earnings. There are of course a range of possibilities that can apply – from a complete inability to work again in the most extreme case, to some limitations on a job that the injured person is still able to pursue. But until we know what the permanent impairment is, we as lawyers are unable to assess where a particular client falls on that spectrum and to advise of an appropriate level of damages compensation. And that can only occur once a point of stability has been reached.
So, for much of the time after a claim has been commenced, we are monitoring and waiting for the right time to move towards that assessment. This will simply depend upon the severity and complexity of the injury. In the case of a motor vehicle accident whiplash claim we would not usually move towards an assessment of impairment any earlier than 6 to 9 months following the motor vehicle accident. But in the case of a complex leg fracture or spinal injury, for example, it might be 18 months or 2 years before we will be in a position to do that. Again that has nothing to do with any delays or obstacles presented by the legal process – it is a matter of timing the medical assessment correctly so our clients are adequately compensated.
Once permanent impairment can be assessed, the Queensland compensation system provides for streamlined process to resolve claims. Firstly, most claims are subject to what are called pre-court processes that are designed to resolve claims before commencement in court is necessary. They provide for the compiling of and exchange of evidence in support of claims culminating in a settlement negotiation meeting with a view to resolving the claim. Only if that negotiation meeting is unsuccessful can a claimant commence a claim in court. These processes apply to employment injury claims, motor vehicle injury claims and public liability claims.
What happens if my personal injury claim goes to court?
Even if the matter proceeds as far as having to commence a claim in court, there are yet more efficiencies in the system, because the Queensland Court Rules provide for a series of time frames within which each step of the court process must be completed. By that time, because of the pre-court process, all or most of the evidence in the claim will have been obtained so following through these procedures are quite speedy.
Within the court process, there are also further negotiations that in the vast majority of cases will resolve claims that have not been resolved in the pre-court process.
So in summary, the timing of completion of your claim will first and foremost depend on the severity and complexity of injury you have sustained rather than any difficulties or barriers imposed by legal practice and procedure. Once the stability of an injury has been established, the vast majority of claims are capable of being finalised within a reasonably short period.
Further Reading: Personal Injury Claims – Time Limits Apply – All Time Limits Explained
