How long does a personal injury claim take?

There is no fixed answer, and we are not aware of any official published average for how long slip and trip claims take. What the rules do fix are the deadlines at each stage. This guide sets out those deadlines, and the factors that make a claim quicker or slower, so you can see roughly where yours is likely to sit.

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The two things that decide most timelines

1. Whether liability is admitted. If the defendant accepts it was at fault, the claim becomes a discussion about value. If liability is denied, evidence has to be gathered and tested, and the claim may need court proceedings.

2. When your medical prognosis is known. A claim should not normally be settled until it is clear how your injury will recover. Settling too early risks under-valuing an injury that turns out to be long-lasting. If you are still recovering, the claim usually waits for the medical evidence to catch up.

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The deadlines the rules set

Starting the claim: up to three years

You normally have three years from the accident, or from when you first knew of the injury if later, to start court proceedings (Limitation Act 1980, s.11). For children, the three years starts at 18 (s.28). This is the deadline for issuing proceedings, not a target. Evidence such as CCTV may be lost long before then, so starting early helps.

Lower-value public liability claims: 40 business days for a response

Most public liability claims worth up to £25,000 start on the Claims Portal. The defendant's insurer then has 40 business days to respond on liability (Low Value EL/PL Protocol, paragraph 6.11). If liability is admitted, the claim moves to Stage 2: medical evidence and negotiation, with set periods for considering offers. If liability is not admitted, the claim leaves the portal and continues under the standard protocol.

Other claims: 21 days to reply, three months to decide

Under the Pre-Action Protocol for Personal Injury Claims, the defendant should reply to the Letter of Claim within 21 days (paragraph 6.2). It then has up to three months from acknowledgement to investigate and say whether it admits liability (paragraph 6.3).

Settlement offers: at least 21 days to consider

A formal settlement offer under Part 36 of the Civil Procedure Rules must allow at least 21 days for acceptance (CPR 36.5).

If the claim goes to court

Court timetables depend on the track the claim is allocated to and the court's own listing. On the fast track (claims up to £25,000) the trial is expected to last no more than a day. On the intermediate track (up to £100,000) it is expected to last no more than three days (CPR 26.9). Most of the time in court cases is spent on preparation steps before the trial, not the trial itself.

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What makes a claim take longer

• Liability is disputed. The claim needs fuller evidence and is more likely to need proceedings.
• The injury is serious or still changing. Valuing the claim has to wait for a stable prognosis, and sometimes for more than one medical expert.
• Future losses are involved, such as long-term care or loss of future earnings. These take time to calculate and evidence.
• Evidence is hard to get, for example if accident records or CCTV have to be requested formally.
• More than one defendant, such as a supermarket and the company that runs its car park.

What helps it move faster

• Reporting the accident on the day and getting a copy of the accident-book entry.
• Photographs of the hazard and witness contact details.
• Seeing a doctor promptly and keeping records of treatment and expenses.
• Instructing a solicitor early, while evidence can still be preserved.
• Replying quickly to requests from your solicitor.

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Can I get money before the claim finishes?

Sometimes. If the defendant has admitted liability, or the court is satisfied you would obtain judgment for a substantial sum, the court can order an interim payment on account of your compensation (CPR Part 25). The amount cannot be more than a reasonable proportion of the likely final award. Insurers sometimes agree voluntary interim payments without a court order.

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Summary

• We are not aware of any official average duration, so treat any single number with caution.
• The biggest factors are whether liability is admitted and when your prognosis is clear.
• Under the protocols, defendants have 40 business days (portal claims) or up to three months (standard claims) to decide on liability.
• Court proceedings must be issued within three years, usually from the date of the accident.

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Sources

• Limitation Act 1980, sections 11 and 28
• Pre-Action Protocol for Personal Injury Claims
• Pre-Action Protocol for Low Value Personal Injury (EL and PL) Claims
• Civil Procedure Rules Parts 25, 26 and 36