How long does it take to get compensation???

[charlottelouise]

Last year, my dd broke her leg whilst on the bus.

we have got a 'no win no fee thing' and it has been going on now for about 6 months!!

Havent really heard a lot from the company, i.e if the bus company had accepted liability etc

How long does it normally take????

I used to work in personal injury and claims can take anything from 6 months to 2 years and longer. It all depends on whether the bus company do accept liability or not. Its been a couple of years since I worked in this area but protocol was from the letter of claim the defendant has 3 months and 21 days to investigate into the accident and make a decision on liabilty. In the meantime, a medical expert should have been instructed to examine your dd to provide a medical report to value the injuries (known as general damages). Have you had an appointment for this purpose?

If liability is admitted and the medical report has been obtained and the claim valued along with any financial expenese you have had (called special damages), after that it is a case of agreeing a value with the other side to settle.

If liability is not admitted, then it could take alot longer and result in court proceedings.

What updates are you getting from your solicitor?

the only update i've had was asking me to sign something because they were adding ltd or similiar to there name

i havent heard whether the bus company have admited liability or not, and its been well over 5 months now

i think im going to have to get on to them to give me some information!!

i havent been asked for a medical report on her either

what do you think the likelyhood of them accepting liability are??

in a nutshell, we went on the bus, it was raining and the bus failed to see the red light, and had to stop abruptly. i then fell to the floor with dd because she was sitting on my lap (this was on an old style bus and there was no other option)
as i didnt realise she was badly injured at the time, the bus driver asked if she was o.k, and said sorry, and i just said she was fine

anyway, because of mistakes the hospital made (told me to go home and give her calpol,and wait 5 days because she had bruised her foot, when infact it was a clean brake in the middle of her shin) it was in the local paper, and the buss company gave a quote saying that the incident was 'regretable' and not being able to provide any special areas for pushchair//children because there wasnt any room

Anyway theres the story! please give me your opinion!!

It has been a couple of years since I dealt with these claims so not sure how up to date I am on regulations etc, and I did employers liabilty not public so not up to speed on that. It will depend on what regs the bus company are required to follow and if they followed them with regards to having special areas for pushchairs etc. But then there is possibly the issue of vicarious liability. This is where the bus company could be held responsible for the actions of the bus driver - ie failing to see the red light and having to slam the breaks on resulting in the injury - as he was acting in the course of his employment.

What did your solicitor advise you when you initially went to them with your claim, did they advise you on prospects of success?

I would get on to them and ask for an update and where they are with chasing the other side for a decision on liabilty, if they have heard from them at all. Also ask them about the instruction of a medical expert,have they done that yet? Have they applied for your dd's medicial records?

I always made a point of updating my clients even if not much was happening just so they knew I was still working on their case. It makes me so when I hear of firms leaving it months with no contact or updates.

i had a no win no fee thing

i got tun over 10 years ago now so it may all be a bit difefrent...

i seem to remember it took between 2 and 3 years but we got there in the end... i won, and sued the guy who ran me over travelling at 50mph in a 30 limit

they have pretty much said/donr nothing!!

im going to ring them later, to find out what is going on!

thankyou for all your advice

i will let you know what they say

hopefully good news!!

Let me know how you get on

Mine took 2 years (got run over by a car whilst cycling)
The driver and his insurance co. accepted liability but the sum was the issue that took so long to agree on.
I had a great solicitor, he was quick and always on the case (in London). Still took 2 years.

i just thought it would be quicker, my dp had a car crash it wasnt his fault, and he was fully compensated in about 6 months!!

It just depends on how quick the other side respond, if liability is admitted and how quick a settlment figure can be reached. I've dealt with cases where liability has been admitted from the word go but still gone on for a couple of years as a settlement figure cannot be agreed and has gone to trial for that reason.