Making a personal injury claim can already feel like a lengthy process, particularly when you’re recovering from an accident or injury. While some delays are unavoidable, others can arise because important information is missing, evidence takes longer to obtain or issues only come to light later in the process.
Understanding what is required from the outset can help your solicitor investigate your case efficiently and avoid unnecessary complications.
From waiting too long to seek advice to overlooking important evidence, here are some of the most common mistakes that can delay a personal injury claim, and what you can do instead.
1. Waiting Too Long to Start Your Claim
One of the biggest mistakes is assuming there’s no urgency because you have several years in which to make a claim.
For most personal injury claims in England and Wales, the general limitation period is three years from the date of the accident or, in some circumstances, the date you became aware that your injury was connected to the negligence involved. Different rules can apply in certain cases, including claims involving children or people who lack mental capacity.
However, the limitation period isn’t the only reason to act promptly.
The longer you wait, the more difficult it may become to obtain CCTV footage, locate witnesses or establish exactly what happened. Seeking advice early gives your solicitor more time to investigate the circumstances and gather relevant evidence.
2. Not Gathering Evidence at the Time
Evidence can play an important role in establishing what happened and who was responsible.
Depending on the circumstances, useful evidence could include:
- Photographs or videos of the accident scene
- Photographs of your injuries
- Contact details for witnesses
- CCTV or dashcam footage
- Accident report records
- Correspondence relating to the incident
You shouldn’t put yourself at risk or delay necessary medical treatment simply to collect evidence. However, where it is safe and practical to do so, preserving information early can make investigating your claim considerably easier.
3. Delaying Medical Attention
Seeking appropriate medical attention is important first and foremost for your health, but medical records can also provide valuable evidence about your injuries.
Waiting a long time before seeing a medical professional may make it more difficult to establish when an injury occurred or whether it was connected to the accident.
Be open with the healthcare professional about your symptoms and how the injury happened. If symptoms change or worsen, seek further medical advice rather than simply waiting for them to resolve.
4. Providing Incomplete Information
Your solicitor needs an accurate picture of what happened and how the injury has affected you.
This includes information that you might initially think is unimportant, such as previous accidents, existing medical conditions or earlier injuries affecting the same area of your body.
Providing this information doesn’t necessarily prevent you from making a claim. In fact, being open from the outset allows your solicitor to assess any potential issues early and explain them properly.
If relevant information only emerges later, additional investigations may be needed, potentially creating avoidable delays.
5. Losing Track of Financial Losses
Personal injury compensation isn’t necessarily limited to the injury itself. Depending on the circumstances, a claim may also include certain financial losses caused by the accident.
These could include:
- Loss of earnings
- Travel expenses
- Prescription or treatment costs
- Care and assistance
- Other reasonable expenses resulting from your injury
Keeping payslips, receipts, invoices and other supporting records as the claim progresses can make these losses easier to evidence. Trying to reconstruct months or years of expenses at a later date can be considerably more difficult.
6. Being Slow to Respond to Your Solicitor
Personal injury claims involve communication between several parties, potentially including solicitors, insurers, medical experts and witnesses.
There will be stages where your solicitor needs information, documents or approval from you before the claim can progress.
Responding promptly where possible – and letting your solicitor know if you’re going to be unavailable – can prevent the claim from sitting unnecessarily while information is outstanding.
7. Missing Medical or Expert Appointments
An independent medical assessment is commonly required as part of a personal injury claim. The resulting report can help establish the nature of your injuries, their likely recovery period and whether there may be longer-term effects.
Missing an appointment can mean rearranging it and waiting for another available date, potentially adding weeks to the process.
If you can’t attend, let your solicitor or the relevant medical provider know as early as possible so the appointment can be rearranged.
8. Settling Before the Full Impact of an Injury Is Known
It’s understandable to want a claim resolved quickly, but speed isn’t always in your best interests.
Some injuries take time to recover from, and it may not immediately be clear whether symptoms will completely resolve or whether further treatment will be required.
Accepting a final settlement before the medical evidence properly establishes your prognosis could mean settling without fully understanding the longer-term impact of your injuries. Once a claim has been settled on a full and final basis, you generally cannot return later simply because your injuries proved more serious than expected.
A good solicitor should balance progressing your claim efficiently with ensuring there is sufficient evidence to value it properly.
9. Assuming Every Delay Means Something Has Gone Wrong
Not every delay can be avoided.
A defendant or their insurer needs time to investigate the circumstances of an accident. Medical evidence may need to be obtained, records requested and expert opinions considered. More complicated cases can require considerably more investigation than straightforward claims.
The important distinction is between time that is genuinely required to investigate and value a claim properly, and avoidable delays caused by missing information, missed appointments or poor communication.
How Can You Help Keep Your Claim Moving?
The best approach is often relatively simple: seek advice early, keep relevant documents, attend appointments and maintain regular communication with your solicitor.
You don’t need to understand every stage of the legal process yourself. Your solicitor should explain what is required, deal with the legal aspects of the claim and keep you informed as the case progresses.
How The Claims Partnership Can Help
At The Claims Partnership, we understand that making a personal injury claim may be unfamiliar and that you may have questions about what happens next.
Our experienced solicitors can assess the circumstances of your accident, help gather the evidence required and guide your claim through each stage of the process. We’ll keep you informed throughout and explain anything we need from you clearly, helping to keep your claim progressing wherever possible.
If you’ve been injured because of someone else’s negligence, contact The Claims Partnership today for a free, no-obligation discussion about your circumstances.