Personal injury claims are complicated sometimes, according to the accident that occurred and the injuries sustained. This is why it is a tough question to answer as you need to consider several factors when the personal injury claims process comes into action. However, to know the timeframes involved in filing a claim, you should look at every aspect of the claim procedure.
Timeframes consist of these things:
- Legal time limits- Act of limitations (2 years minus one day)
- Collecting accident details (Timeframe not known)
- Injuries Board Evaluation (8-9 months)
- Acceptance or rejection of Injuries Board Evaluation (28 days)
Legal time limits- Act of limitations (2 years minus one day)
This is the time that a person has to file for a personal injury claim after an accident. Usually, it is 2 years less one day from the date of the knowledge of their accident to file a claim.
Date of knowledge
It is the date on which the injured person got to know about these facts:
- That they were injured
- That the injury was major
- That the injury took place due to negligence
- That they are aware of the party that caused the accident
In most cases, the date of knowledge is the same day the accident took place on.
Collecting information of the accident (Unknown timeframe)
If you don’t know how to start, then visit our website for help. You need a personal injury solicitor to advise you. They will help you gather all the details needed. The time frame for this process may differ depending on the parties involved (report from doctors, CCTV footage collection and more). After the information is collected, your solicitor will file your Injuries Board Application to initiate the claim procedure. It should include the following details:
- How did the accident take place?
- Injuries sustained with evidences
- Information about any pre-existing health issues
- Expenses incurred in the treatment
- Details of the person at fault
- Required medical reports
Injuries Board Evaluation (8-9 months)
The application is submitted to the Injuries Board with all the information. The Injuries Board is obliged to evaluate the form within 9 months of the evaluation process. Usually, the average processing time is 7.5 months.
Acceptance or rejection of Injuries Board Evaluation (28 days)
After the Injuries Board comes with an evaluation of your claim, you need to make a choice. It impacts your time to settle the claim. You have 28 days to decide.
First outcome: If you and the other party agree to the Injuries Board Assessment of your claim, and an advised amount of your claim, then the claim gets settled immediately.
Second outcome: If you or the other party do not settle to the Injuries Board Assessment, then the next stage is issuing legal proceedings.
Legal proceedings (Unknown timeframe)
Usually most claims get settled outside the court before being presented in front of the Judge. Your solicitor will be with you at every step to ensure that they meet your best interest. If both the parties agree, then your case is settled and you get your claim paid.
But, if an agreement is not reached, then a Judge will decide on your claim. The timeframe for the legal proceedings isn’t known.