Why is my claim delayed?

Claim delays can be a common point raised by clients. Some worry why their case may be taking a long time to settle. In this article we set out some of the reasons for delay. We also explain how we can work together to try and move matters on.

Background – facts and figures

In each year there are close to 500,000 claims made for different personal injury matters. In 2023/24 some 348,000 claims were for road traffic accidents. There were 45,000 claims against employers and 58,000 made against for public liability caused injuries.

Importantly, as close as eight years ago almost a million or more claims were being lodged each year. The link confirming the year on year figures is https://www.gov.uk/government/publications/compensation-recovery-unit-performance-data/compensation-recovery-unit-performance-data

The figures are going down year on year as the number of accidents suffer reduce. With changes in smaller claims procedures it is much less attractive for solicitors to take on smaller cases. Many do not attract costs.

You would think that with reducing numbers of claims the remainder would get dealt with more quickly. Like many other firms we at Corries can confirm that this is not the case. Read about why this is the case and what you and ourselves can do about this.

Why is my claim taking so long – the medical perspective

To prove a claim we need medical evidence. This requires getting your records and getting an expert to provide a report about your injuries.

Medical records are proving a bigger problem to get in a timely fashion. These should be provided within 40 days but nearly all trusts and G.P surgeries fail to meet that deadline. Claim delays are frequent.

We recommend that you can offer to help by colleting the records and then posting them to us. We can pester the hospital for any records or radiology they hold.

Medical experts are instructed based on our experience with them or though reputable agencies. Many older doctors have contracts with the NHS that allowed them time in the week or around their NHS commitments to see clients. Many younger doctors do not have that freedom. As a result claim cases have to be fitted in at weekends or on holiday periods. This inevitably leads to slower turnaround times for reports.

So what can you do? Firstly, if you can be flexible and take a short notice appointment this can help get you up the queue. Secondly if you are prepared to travel a small distance we may be able to find a medical expert who can shoehorn you in at an earlier time.

Claim delay – Why is my claim taking so long – documents

For any part of a claim where we are seeking money then we need a paper trail. If you have any documents such as receipts or letters from your medical team then send these to us at the earliest possibility.

If you are waiting for any documents and are chasing by e mail then “cc” us into the e mails. We can then see what is happening. We may even be able to help.

Why is my claim taking so long- insurers

It has been hoped that with fewer claims now and in the future that insurers would settle cases more quickly. This is not our firm’s experience nor that of the industry generally. Insurers are increasingly using measures to slow down cases. Frequently they do not answer e mails or calls or engage in early settlement of cases.

Measures to rule out or pay fixed costs remove any incentive for insurers to rush to deal with a claim. Claim delays do not affect them.

Many insurers have reduced experienced and other claims staff. Many claims handlers have much bigger caseloads than they had in the past.

Reducing numbers of claims in our experience makes insurer lawyers much more robust. They are inclined to investigate each and every aspect of a case which they may not have done in the past. This causes delays.

So what can we do? Firstly work with your lawyer to make sure that the case is as well prepared and ready to go to court as early as possible. Answer our queries quickly and clearly. Be prepared to take your case to a court trial if needed. Try and have supporting witnesses to back up your claim.

This does however lead to another issue.

Claim delay – Why is my claim taking so long – the court system

It is an issue in criminal and civil courts that there are huge backlogs of cases stuck in the system. Chronic underfunding of the courts has been a huge problem. Combine this with delays caused by the covid pandemic and our court system can only be described as a gluepot. Cases are taking much longer to proceed with. The time to reach trial increased by 62% since 2016 as reported by APIL here https://www.apil.org.uk/press-release/apil-county-court-delays-justice-standstill#:~:text=The%20time%20it%20takes%20for,Lawyers%20(APIL)%20has%20revealed.

You can help by making sure you can appear at trial and keeping your diary open when your solicitor tells you when the trial window is.

Some practical measures to help us short cut your claim to settlement

Here are some practical matters to help us speed up the process:-

1. if you are computer literate or know someone who is then sending documents by e mail is much quicker. Postal delays at both ends can cumulatively add weeks to a claim. Provide us with an e mail address and check your e mails regularly;
2. If we need to talk then fix a time as quickly as possible. If it helps we can use Teams or Zoom technology to cover issues with you;
3. Be realistic about your valuation of the case. Discuss with your lawyer the making of a Part 36 offer to focus the defendants minds. Our solicitors can inform you about that or look at other articles on this website.
4. Tell us when you may be away on holidays (particularly long ones). If your case is at a pivotal point then we can e mail or text you whilst you are away;
5. Listen to our advice and the risks of your case going to trial. With greater court delays a smaller sum in the hand now may be worth more than an uncertain sum. That sum may be at some great distance in the future

Summary

At Corries we will always do our best for you. If you are concerned about how long your claim is taking then call or e mail us. We will always be happy to explain what the issue is.

If you believe that you have a claim for compensation then call us now FREE on 0800 655 6550.