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Guide · Serious injury
How Long Does a Serious Injury Claim Take?
Most serious injury claims take between 18 months and 5 years, and the most complex can take longer. The biggest factors are how long it takes for the medical picture to become clear and whether the other side disputes fault. You don't have to wait for help: interim payments and rehabilitation can start long before your claim settles. You usually have 3 years from the accident to start a claim.
Serious injury claims take time because your compensation has to cover your future, not just what's happened so far. This guide explains the stages of a claim, rough timelines for different injuries, what causes delays and how to get support in the meantime.
- Usual time limit
- 3 years from the accident
- Money before settlement
- Interim payments, usually once fault is accepted
- Most claims
- Settle without a trial
- Biggest factor
- Waiting for the medical picture to become clear
What counts as a serious injury?
There's no single legal definition, but the term usually means an injury with a significant, long-term or permanent effect on your life, such as:
- Spinal cord injuries, including paralysis
- Traumatic brain injuries
- Amputations
- Severe fractures, including multiple fractures
- Serious burns
- Loss of sight or hearing
- Serious psychological injuries, such as post-traumatic stress disorder
These claims need more detailed medical evidence than smaller claims, and a careful look at how the injury affects your work, your independence and your quality of life, now and in the future.
Rough timelines by type of claim
These are rough estimates based on our experience, not promises. Every claim is different, and timelines depend on whether fault is accepted, how quickly the medical evidence can be obtained and whether the claim settles or goes to trial.
| Type of claim | Rough timeline | What affects it |
|---|---|---|
| Road traffic accident, moderate to serious injury | 18 months – 3 years | Usually quicker if fault is accepted early |
| Accident at work, fault clear | 18 months – 2 years | Can take longer if the HSE is investigating |
| Accident at work, fault disputed | 2 – 4 years | Often needs court proceedings |
| Amputation | 2 – 4 years | Lifetime prosthetic and rehabilitation needs must be valued |
| Spinal cord injury | 3 – 5+ years | The long-term outlook must be clear first |
| Traumatic brain injury | 3 – 5+ years | Long-term effects on thinking and behaviour take time to assess |
| Multiple serious injuries | 3 – 6 years | More injuries mean more medical evidence |
| Fatal accident claim | 2 – 5 years | The family's financial losses must be worked out |
See also our guides to amputation claims, brain injury after a cycling accident and catastrophic injury claims.
The 5 stages of a serious injury claim
Most serious injury claims move through these stages. Some overlap, and support such as rehabilitation can start at any point.
Getting started and investigating
We gather the first evidence, such as police reports, employer records, witness statements and your early medical records, and contact the other side.
Establishing fault
We look at records such as the accident book, any RIDDOR report, health and safety documents, police reports and correspondence with insurers, which often show how and why the accident happened.
Medical evidence and prognosis
Independent medical experts assess your injuries and how they're likely to affect you long term. This is often the longest stage, because in serious cases it may be necessary to wait until your condition settles.
Working out your losses
Once the medical picture is clear, we prepare a schedule of loss setting out everything your claim covers, including past and future earnings, care, treatment, travel and changes to your home.
Negotiation and settlement, or trial
The two sides exchange offers and negotiate. Most serious injury claims settle without a trial. If they can't agree, a judge decides.
Find out more about the personal injury claims process.
Why do serious injury claims take so long?
- Waiting for the medical pictureSettling before your condition has settled is one of the most common mistakes in serious injury claims. Once a claim settles, you usually can't go back for more if things get worse, unless the settlement allows for it, for example through provisional damages.
- Disputes about faultThe other side may dispute who was to blame, or argue you were partly responsible. Resolving that takes evidence, and sometimes a court hearing.
- Complex future needsWorking out lifetime care, earnings and other needs can take evidence from several experts, such as neurologists, occupational therapists, care experts and employment experts.
- Other investigationsIf the police or the HSE are investigating, it can take longer for their evidence to become available.
- Waiting for a trial dateIf the claim goes to trial, waiting for a hearing can add many months.
Some claims are also slowed down by the other side. Where that happens, starting court proceedings means the court sets deadlines that both sides have to meet.
Can I get money before my claim settles?
Often, yes. You don't have to wait for the end of your claim to get help.
What is an interim payment?
A payment from the other side's insurer before your claim settles, to help with things like care, rehabilitation, adaptations and lost earnings. It's taken off your final compensation.
When can I get one?
Usually once the other side accepts fault. If they don't, and court proceedings have started, the court can order a payment if it's satisfied you're likely to win a substantial amount.
Rehabilitation
We can also ask the insurer to fund treatment and support early, under the Rehabilitation Code, while your claim goes on.
Find out more about getting early rehabilitation.
The 3-year time limit
You usually have 3 years from the date of the accident to start court proceedings. If you miss it, you'll usually lose the right to claim. There are some important exceptions:
- ChildrenThe 3 years starts on their 18th birthday, so they have until they turn 21.
- People who lack mental capacityIf the injured person lacked mental capacity when the injury happened, the time limit doesn't run until they regain it.
- Injuries and illnesses found laterFor conditions such as industrial diseases, the 3 years usually runs from when you knew, or should reasonably have known, that your condition was linked to the cause.
- Fatal accidentsThe 3 years usually runs from the date of death, or from when the family knew the relevant facts, if later.
Even with time left, it's best to get advice early, while evidence is easier to collect and witnesses remember more. See how long do I have to claim?
Serious injury claim timelines: FAQs
Will I have to go to court?
Probably not. Most serious injury claims settle without a trial. Court proceedings are sometimes started to move a claim on or to protect the time limit, but even then most claims are agreed before a hearing. If you do need to give evidence, we'll prepare you and support you through it.
Can I claim if the accident was more than 3 years ago?
Possibly. The time limit may not have started yet, for example if you were injured as a child, lacked mental capacity, or only recently found out your condition was linked to the accident. In some cases the court can also allow a claim to go ahead late. Talk to us as soon as you can.
What is an interim payment and how do I get one?
An interim payment is money paid by the other side's insurer before your claim settles, to help with things like care, rehabilitation and lost earnings. It's usually paid once fault is accepted, or the court can order one if it's satisfied you're likely to win a substantial amount.
Does No Win No Fee affect how long my claim takes?
No. How long your claim takes depends on your injuries, the medical evidence and whether fault is disputed, not on how it's funded. Our aim is to get your claim right, not to settle it quickly for less than it's worth.
How long do brain injury claims take to settle?
Often 3 to 5 years or more, because the long-term effects of a brain injury on memory, concentration and behaviour can take time to become clear. Interim payments and rehabilitation mean support can start long before then. See our guide to brain injury after a cycling accident.
Can I bring a claim for a child or family member?
Yes. If the injured person is a child or lacks mental capacity, a family member can usually bring the claim for them as their litigation friend. Claims for children, and for adults who lack capacity, have to be approved by the court before they settle.
Life changed by a serious injury?
Talk to our serious injury team for free, with no obligation, whether you're the injured person or a family member. We'll explain whether there's a claim and how we can help with rehabilitation and financial support early. Eligible claims are handled on a No Win No Fee basis.