§ GUIDE · TIMESCALES · 2024/25
How long a claim really takes,
using the official numbers.
NHS Resolution publishes how long claims take from the incident to being notified, and from notification to settlement, for every specialty. Here is what the data says, what happens at each stage, and what slows a claim down.
Incident → claim notified (avg)
3.3 yrs
Notified → settled (avg)
1.7 yrs
Quickest: General medicine
1.6 yrs
Slowest: Obstetrics CP/BD
6.0 yrs
§ STAGE BY STAGE
What happens, and roughly when.
- 1Weeks
Free first conversation
You describe what happened; the firm tells you honestly whether it looks like a claim worth investigating and explains how it would be funded before you commit to anything.
- 2Months
Records and expert evidence
Your medical records are requested (providers must normally respond within a month) and sent to independent medical experts, who report on whether the care fell below a reasonable standard and whether that caused your injury. This is the stage that cannot be rushed.
- 34 months to respond
Letter of claim
A formal letter sets out the allegations. Under the Pre-Action Protocol for the Resolution of Clinical Disputes, the defendant — usually NHS Resolution on behalf of the trust — has four months to investigate and respond, admitting or denying fault.
- 4Varies
Valuing the claim
Once your condition has stabilised enough to predict its long-term effects, further expert evidence values your care needs, treatment, lost earnings and the injury itself. Serious injuries take longer here because the prognosis must be clear.
- 5Months
Negotiation, or proceedings
Most claims settle by negotiation. If fault is disputed or the deadline is close, court proceedings are issued — but the great majority still settle before trial. Where liability is admitted, interim payments can be requested along the way.
§ BY SPECIALTY · 2024/25
Average times, by area of medicine.
Birth injury claims take longest because a child’s long-term needs cannot be assessed until they are older. Emergency medicine and general medicine claims are among the quickest to resolve.
| Specialty | Incident → notified | Notified → settled |
|---|---|---|
| Ambulance | 2.2 yrs | 1.9 yrs |
| Cardiology | 2.9 yrs | 1.7 yrs |
| Emergency Medicine | 2.3 yrs | 1.7 yrs |
| Gastroenterology | 3.8 yrs | 1.8 yrs |
| General medicine | 2.3 yrs | 1.6 yrs |
| General surgery | 2.9 yrs | 1.9 yrs |
| Gynaecology | 4.7 yrs | 1.9 yrs |
| Neonatology CP/BD | 9.4 yrs | 4.2 yrs |
| Neonatology Non CP/BD | 5.4 yrs | 1.7 yrs |
| Neurology | 5.3 yrs | 1.9 yrs |
| Neurosurgery | 3.8 yrs | 2.5 yrs |
| Obstetrics CP/BD | 5.1 yrs | 6.0 yrs |
| Obstetrics Non CP/BD | 2.9 yrs | 2.1 yrs |
| Ophthalmology | 2.8 yrs | 1.6 yrs |
| Orthopaedic Surgery | 3.6 yrs | 1.9 yrs |
| Other | 2.9 yrs | 1.3 yrs |
| Paediatrics | 5.7 yrs | 3.7 yrs |
| Radiology | 3.5 yrs | 1.7 yrs |
| Urology | 3.4 yrs | 1.7 yrs |
| All specialties | 3.3 yrs | 1.7 yrs |
Source: NHS Resolution Annual Report and Accounts 2024/25. Data covers the Clinical Negligence Scheme for Trusts (CNST), Existing Liabilities Scheme (ELS), and Risk Pooling Scheme for Trusts (RPST). This information is provided for educational purposes only and does not constitute legal advice.
§ WHAT SLOWS A CLAIM DOWN
Four things that add time.
Waiting to start
The average claim is not even notified until more than three years after the incident. Everything downstream — records, witnesses, expert opinion — gets harder with time.
Disputed fault
If the defendant denies that care fell below standard, or that it caused the harm, the claim needs more expert evidence and may need court proceedings to resolve.
An unsettled prognosis
A claim cannot be valued until the long-term effects are known. For a child, or after a brain or spinal injury, that can mean waiting years for the picture to become clear.
Expert availability
Specialist independent experts are in short supply. Booking examinations and reports is a real bottleneck, especially in obstetrics and neurology.
§ QUESTIONS
Common questions
How long does a medical negligence claim take on average in the UK?
NHS Resolution's 2024/25 figures show that once a claim is formally notified, it takes on average 1.7 years to settle across all specialties. Straightforward claims where fault is admitted early can be quicker; claims involving serious, lifelong injury or a dispute about what caused the harm take longer, because the injury has to stabilise before it can be valued.
Why does it take so long?
Because a claim cannot be valued until the injury and its long-term effects are clear, and because proving negligence needs independent medical experts to review the records and give opinions. Add the four months the NHS is given to respond to a letter of claim, and negotiation on top, and even an uncontested claim takes many months.
Can I get money before the claim settles?
Often, yes. Once the defendant admits liability, your solicitor can ask for an interim payment — an advance on the final award — to cover urgent needs such as care, treatment, equipment or lost income while the rest of the claim is worked out.
Will I have to go to court?
Probably not. The great majority of clinical negligence claims settle by agreement without a trial. Court proceedings are sometimes issued to keep the claim moving or to protect the time limit, but most of those still settle before any hearing.
What can I do to speed things up?
Start early, keep a note of dates and names, gather any letters or discharge summaries you have, and respond promptly when your solicitor needs information. The single biggest avoidable delay is waiting years before taking advice.
Is there a deadline for starting the claim?
Yes — normally three years from the negligent treatment or from when you first knew something had gone wrong, with exceptions for children and people who lack capacity. See our time limits guide.
§ MORE GUIDES
Plain answers to the other questions people ask.
Payout examples →
UK medical negligence payout examples by claim type, typical compensation ranges, and what decides the amount. Then check your own claim free.
Fatal negligence payouts →
What compensation after a death caused by medical negligence can include: the bereavement award, dependency, funeral costs and the estate's claim.
Time limits →
The 3-year time limit for medical negligence claims, the date-of-knowledge rule, and the exceptions for children, mental capacity and fatal claims.
Can you sue the NHS? →
Yes — you can claim against the NHS for negligent care. What you have to show, claim vs complaint, time limits, costs, and what compensation covers.
NHS payout data →
Official NHS Resolution figures, band by band, for 2024/25.
This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.