How Long Does a Personal Injury Claim Take to Settle?
The personal injury claim process can take 12 to 18 months, but the time frame depends on many factors. So, your claim may take much longer than this. As each claim is unique, there may be differences between, for example, a public place accident claim, a medical negligence claim, and a workers’ compensation claim.
If you suffer a personal injury and want to claim compensation, we recommend getting legal representation so you get the compensation you deserve as soon as possible.
Every personal injury case is different. Get in touch with us for a free case review so we can assess what kind of compensation you’re entitled to!
Average Duration of Personal Injury Cases
Short-Term Settlements
Short-term settlements in personal injury cases are typically resolved within a few months to a year. These cases usually involve clear liability and straightforward damages. For example:
- Minor Injuries: Cases involving minor injuries, like soft tissue damage, often settle quickly. The defendant’s insurance company may offer a settlement early to avoid having to pay legal fees.
- Cooperative Parties: When both parties are willing to negotiate, settlements can be reached more quickly. Mediation or direct negotiation can speed up the process.
- Pre-Litigation Settlements: Many cases settle before a lawsuit is even filed. The involved parties agree on compensation through negotiation or other dispute-resolution methods.
In Brisbane, laws like the Personal Injuries Proceedings Act 2002 (QLD) encourage early resolution. The Act requires parties to exchange information and attempt to resolve the claim before going to court, which can cut the settlement time by quite a lot.
Long-Term Settlements
Long-term settlements can take over a year to resolve. These cases are generally more complex and may involve disputes over liability or damages. Factors contributing to long-term settlements include:
- Severe Injuries: Cases involving severe injuries, like spinal cord injuries or traumatic brain injuries, often take longer because the injured party needs extensive medical evaluations and expert testimony.
- Disputed Liability: When liability is contested, it can extend the duration of the case. Both parties may need to gather a large amount of evidence and witness testimonies, which leads to longer legal processes.
- Court Backlogs: The court’s schedule can also impact the timeline. Brisbane’s courts may have backlogs, delaying trial dates and extending the case duration.
Under Queensland’s legal system, long-term settlements might be subject to stricter procedural requirements, including court-mandated mediation sessions. The Civil Liability Act 2003 (QLD) also plays a role, as it sets out guidelines for assessing damages and influences the time needed to reach a settlement.
Even if at fault, you may have a right to compensation. Start your claims check:
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Why Do Personal Injury Cases Take So Long?
Complexity of the Case
In Brisbane, at-fault personal injury cases can be complex because it’s necessary to establish liability, which often needs thorough investigation and detailed evidence.
The legal process becomes more complicated if multiple parties are involved, like in a multi-car accident or a case involving a defective product. Each party may present different arguments and evidence, which will lead to a detailed examination by legal professionals that may take longer than usual.
Severity of Injuries
Serious injuries typically result in longer cases because the injured person needs extensive medical treatment, rehabilitation, and sometimes lifelong care. Determining the full extent of severe injuries and their long-term impact can take time. Medical professionals may need to provide detailed reports, expert testimony and comprehensive medical evaluations.
Also, the injured person might need to reach maximum medical improvement before the case can be accurately assessed. Moreover, high-value claims for severe injuries often lead to more negotiations and potential disputes over compensation amounts, further prolonging the case and its resolution.
Availability and Quality of Evidence
Gathering strong evidence like medical records, car accident police reports, workplace accident reports, witness statements, and expert testimony can be time-consuming. The process involves coordinating with various professionals, which can lead to delays. If there isn’t enough evidence, or if it is disputed, the case may need further investigation and possibly additional expert opinions.
Multiple Parties
Cases involving several defendants, like a motor vehicle accident or product liability case, need coordination between different legal teams. Each party may have its own insurance company, injury lawyers, and expert witnesses. Negotiating settlements with multiple parties or addressing various legal arguments can be complex and lengthy.
Cooperation of Insurance Companies
Insurance companies may delay the process by disputing claims, questioning the extent of injuries, or offering low settlement amounts. Some insurers may ask for extensive documentation or conduct their own investigations, which can delay the process even more. If the insurance company is unwilling to negotiate a fair settlement, the case may proceed to court.
Legal and Court Calendars
Courts often have busy schedules, leading to delays in hearing dates for pre-trial motions, settlement conferences, and trials. The availability of judges and courtrooms can affect how quickly a case progresses.
Also, legal processes like discovery, depositions, and pre-trial motions require time and coordination. Lawyers and court officials must adhere to procedural timelines, and any backlog in the court system can result in extended case durations. Scheduling conflicts among legal teams can also contribute to delays in resolving the case.
Even if at fault, you may have a right to compensation. Start your claims check:
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Personal Injury Case Process
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Initial Phase
In the initial phase of a personal injury case, the injured party (plaintiff) consults with an experienced personal injury lawyer. Your lawyer will assess the details of the case, including the nature of your injury, how it occurred, and whether another party is at fault.
If the case has merit, your lawyer will gather preliminary information like medical records, witness statements, and any other relevant evidence. They will also discuss the plaintiff’s (aka, claimant’s) rights and the legal process ahead.
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Pre-Litigation Phase
The pre-litigation phase aims to gather all necessary information to build a strong case before proceeding to court. Your lawyer will often notify the defendant (the party believed to be at fault) of the claim and may attempt to resolve the matter through negotiation or mediation.
This phase may include obtaining expert reports, like medical evaluations or accident reconstruction reports, to support the claim. Your personal injury lawyer will also calculate the damages, including medical expenses, lost wages, and pain and suffering.
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Litigation Phase
If the case is not resolved during the pre-litigation phase, it enters the litigation phase. Your lawyer will file a formal complaint or personal injury claim with the appropriate Brisbane court. The defendant will then have an opportunity to respond.
During this phase, both parties engage in the discovery process, which involves exchanging relevant documents, interrogatories (written questions), and depositions (sworn statements taken in person). This phase allows each side to understand the other’s case fully and prepare for trial.
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Settlement Negotiations During Litigation
Settlement negotiations can occur at any stage of the litigation process. These negotiations often become more intense after the discovery phase. The parties may engage in direct negotiations or use mediation, where a neutral third party helps come to a settlement. The goal is to reach an agreement without proceeding to trial.
The courts regularly encourage settlement to save time and resources. Successful negotiation results in a settlement agreement, which outlines the compensation the plaintiff will receive. The case is then dismissed.
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Trial Phase
If a settlement is not reached, the case will need to go to court. The trial phase involves presenting the case before a judge or jury. Both the plaintiff and defendant will present their evidence, call witnesses, and make legal arguments. For common law claims, the plaintiff must prove that the defendant was at fault and that this fault caused the injury and resulting damages.
In Brisbane, personal injury trials can be heard in the Magistrates, District, or Supreme Courts, depending on the value of the claim. The judge or jury will then deliberate and make a decision, and award damages if the plaintiff is successful.
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Post-Trial Proceedings
After the trial, either party may appeal the decision if they believe there has been a legal error. The post-trial phase may also involve the enforcement of the judgement, making sure the defendant pays the awarded damages. If the defendant fails to pay the judgement, the plaintiff may need to take extra legal steps to collect the awarded compensation.
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Even if at fault, you may have a right to compensation. Start your claims check:
🔒 FREE CLAIMS CHECK TAKES 2 MINUTES
Personal Injury Claim Settlement Time FAQs
You may be able to handle straightforward claims by yourself if you’ve only suffered minor injuries, it’s a small claim (under $25,000), there is clear, undisputed liability, and the at-fault party’s insurance company is cooperative. You may also feel confident enough to handle your own personal injury claim if you know how to file claims, negotiate settlements, and represent yourself in court if necessary.
In these situations, you might be able to save on legal fees by managing the case yourself. However, it’s important to carefully assess your ability to handle the legal complexities and to consider at least a consultation with a lawyer to make sure your rights are fully protected.
In Queensland, for WorkCover statutory claims, you’ll need to submit your claim within 30 days. However, for common law (at-fault) claims, you’ll have 3 years from the date of your injury (or the date of discovery) to make a claim. For minors (individuals aged under 18), the 3-year time limit starts when they turn 18, while the time limit may be extended if the injured person is mentally incapacitated.
Given these strict deadlines, it’s a good idea to seek legal advice as soon as possible after an injury to make sure you don’t miss the opportunity to claim. Get in touch with us today for a free case assessment!
What our clients say
Even if at fault, you may have a right to compensation. Start your claims check:
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Jono, Sinny and everyone at WT Compensation Lawyers are the best car accident lawyers in Brisbane I’ve come across. The genuine care, compassion and human kindness they show to their clients is clear from the very first moment you speak to them. I cannot recommend them enough to anyone in need of a personal injury lawyer and would not hesitate at all to refer any of my family or friends. Thank you guys always for all your great work.
I highly recommend Jono, Sinau and the entire team at WT as personal injury lawyers for anyone in Brisbane looking for the best representation. Jono is a step above other lawyers, both in knowing his craft but also in the way he treats his clients like one of his own family. From the very first moment I met him, he has treated me with respect, kindness and compassion and I am glad to say we have become good friends. WT are genuine and very good people who want nothing more than to do the best thing by their clients so THANK YOU for all that you do.
Life changing. Seriously. I would highly recommend Jono without any hesitation to anyone in Brisbane looking for the best car accident lawyer. The word grateful doesn’t even begin to express how I feel after having Jono look after me after my car accident claim. He has single handedly changed my life and has given me an opportunity to move on with a bright future after some of the toughest times after my accident. I previously used a big personal injury firm, one that has ads on tv and big marketing budgets for an old work accident and the experience isn’t comparable at all. Care, empathy, compassion, kindness and always had time for me, no matter what time of day/night or how silly my question was. Jono always made me feel like I was important and always kept me updated with everything that was going on. I only wish I had used WT for my old work accident. My result I got far exceeded my expectations and is only a testament to the great personal injury lawyer that Jono is. If you’re still looking for a car accident lawyer just seriously stop and give Jono a call. You will not regret it.
I can’t thank Jono enough for his outstanding work after my motorcycle accident. His dedication, expertise, and genuine care made all the difference in my case and surprisingly turned a horrific situation into a positive one for me. From day one, he took the time to understand my situation, became a very real pillar of support for me, and kept me informed every step of the way. Jono’s strategic approach and relentless advocacy got me a life changing outcome beyond my expectations. If you’re searching for the best personal injury lawyer in Brisbane who truly goes above and beyond, Jono is your go-to guy. He’s also a great bloke which I’m sure is clear to everyone who has the pleasure of crossing paths with him. I’m so grateful for his expertise, support and friendship and writing this review is just a very small way of me thanking him for changing my life.
Sinau and the team at WT Compensation Lawyers have been nothing short of amazing. From the beginning, they made me feel comfortable with the process and were so easy to contact. Sinau was very professional and always calling me to keep me updated with my claim. He would always go out of his way to make sure my family and I were okay which I am really grateful for. His kind words and professional advice during a dark time in my life was the glimmer of hope that I needed to keep going. I will always be recommending Sinau and the team at WT to my friends and family, as I truly believe they are the best WorkCover lawyers in Brisbane. From the bottom of my heart, thank you for looking out for your Pasifika people Sinau. It is rare that we see people like you who genuinely care for our community and for that I thank you.