If you have been in an accident and you have made a claim for injury compensation in Perth you might be wondering why your compensation claim is taking longer than you expected. Or, you might be put off from making a claim at all because you have heard that the legal system takes far too long. So how long does it take between making a claim and getting your compensation?
Every case is different and there is no simple answer, but there are a number of things that affect how long your claim might take.
Liability Dispute
Sometimes plain and simple the defendant may say that they are not at fault and they won’t pay. If that’s your case then your lawyer’s job is gather evidence to prove why the defendant is to blame and why they should pay compensation to you. Proving negligence can take time. For example:
- if there are witnesses then your lawyer needs to find those witnesses and contact them and try to get a statement from them.
- If the police are involved, for example in car accidents, then it may take some time before the police will release their information.
- If there is CCTV film it may take some time to work through the Freedom of Information process.
- Sometimes your lawyer needs to visit the scene of the accident and take photographs and measurements.
- If the accident was on private property your lawyer may need to get permission to visit the property.
If you have been in an accident you can help your claim by getting as much evidence as possible as soon after the accident as possible. Do things like:
- take photographs of where the accident happened;
- get the names and phone numbers of the witnesses;
- write down your version of what happened in a note or email;
- keep copies of receipts and invoices.
Your Injuries Haven’t Stabilised
When you settle a compensation claim for a lump sum payment the settlement will be on a once-and-for-all basis. It is therefore very important that before you settle your claim that you have a very clear picture of what will likely happen to you and your injuries in the future. For example your personal injury lawyer needs to know whether your injury will 100% completely get better, or, if not:
- what restrictions you will be left with.
- what treatment you might need and how much that will cost.
- how your injuries will affect your work and earnings.
Your personal injury lawyer will discuss all of these with you during the running of your claim. But if a clear picture has not emerged as to the effect of your injuries on your future, your lawyer will not be in a position to assess the value of your claim and start the settlement discussions.
Missing Information
Your compensation claim is built on evidence. Your lawyer needs evidence to prove your injuries, your lost earnings, the treatment that you will need in the future, your out of pocket expenses, the services that you may need, etc. That evidence will include things like:
- medical notes from your doctors.
- medical reports.
- tax returns.
- proof of employment.
- accounts and receipts.
If you are not able to supply your lawyer all of these documents then this may slow down finalisation of your claim. To help speed up your claim you can get all of your tax returns together and get your receipts and invoices together.
The Legal System
The legal system aims to give both sides a chance to get their case ready. If the other side is not ready, for example if they are waiting for a medical report or for some other evidence, then the legal system will allow them time for that to happen. Only when both sides are 100% ready will the legal system make the parties get together to try and sort out your claim.
Negotiations
If negotiations have started there can be long gaps between making an offer and the insurance company getting back to you. That can be because the insurance company has to get their insured client or broker to agree to a counteroffer, or, because the amount claimed is beyond an internal limit, or, simply because to make a counter offer the insurance company has to have the offer ticked-off through a number of layers of authority, which takes time to work through the system.
Your Lawyer is Very Busy!
Sometimes clients come to Lian Hall Injury Law because they feel that they can never get hold of their lawyer, or, they have no idea what’s going on with their claim. I think that most people can agree that everybody is busy, but being busy is not a reason to not return phone calls or emails within a reasonable time. If you feel that you have no idea what is going on with your claim and you feel that you have been left completely in the dark, that’s not right. Your injury is serious to you and you need a lawyer who will take your claim seriously.
Do not feel shy about asking your lawyer for an update. But before thinking about moving your claim to another lawyer Lian Hall Injury Law will always urge you to chat to your lawyer and work out why your claim is taking so long. If you are not happy with the explanation that you get then by all means give us a call and let’s have a confidential chat.
