Compensation Lawyer News & Articles

So when will my case Personal Injury finish?

  • Article
  • 05 Oct 2016

At Firths we make it our business to settle all cases as quickly as possible.  Because we are not paid till the end of the case (and then only if successful) the last thing we want to see is cases dragging on unnecessarily.

As a general rule we advise our clients not to consider a settlement of their case until such time as their injuries have stabilised so that a reasonable assessment can be made of their prognosis.  As a general rule, the more serious the injury the longer the case will take because serious injuries take longer to stabilise.  This is particularly true of injuries that require surgery.  Our advice normally is that it would be most unwise to consider settlement of a case where surgery is planned in the near future because, if something were to go wrong, and you had settled the case, then you would be left without any recourse.

The reason we give this advice is because, once a claim settles that is an end to all your rights arising out of the accident.  This means you can’t come back and claim any additional compensation in the future, even if your condition deteriorated and even if that deterioration was not anticipated at the time of the settlement.

For these reasons, as a general rule, we advise clients that their case will probably settle within about 6 months after their condition stabilises.  However this is always subject to the client’s wishes.  If you, as the client, decide you want your case settled sooner rather than later then that is your prerogative and we will endeavour to settle the matter for you. 

However a settlement can only be reached if there is a sum of money that the insurance company is prepared to pay which you as the client are prepared to accept.

If agreement cannot be reached then the only alternative is to take the matter to hearing whether in court or, if it is a motor vehicle case, at CARS.

Generally though we find that these days most cases do settle without having to either go to court or to CARS.

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