Last updated on January 28th, 2022
A personal injury claim is designed to compensate you for any suffering caused by an accident that was not your fault. Compensation can also help you to cover the cost of changes to your life required because of your injuries. For instance, you may need to cover the cost of modifying your accommodation if that will help you cope with a disability. The problem here, though, is that personal injury claims can take many months or longer to be processed. Therefore, interim payments can be requested while your claim is being processed.
In this guide to interim payments, we’ll look at why interim payments can be made, how much can be claimed, and how they’ll affect your overall compensation payout. If your claim is taken on by one of our solicitors, they’ll review your case in detail to see if an interim payment request might be necessary.
How Interim Payments Work
Interim payments might be paid before your personal injury claim is settled in full. They can be claimed in medical negligence or personal injury claims where you’ve suffered significant injuries. An interim payment may be agreed by the defendant’s insurer or a court if:
- Liability for your accident and injuries has been admitted by the defendant or they are likely to be found guilty by a court.
- There is a good reason to ask for funds such as imminent medical costs.
- The amount you’re requesting as an interim payment is less than the total amount of compensation you’ll be paid and is reasonable.
Importantly, after an initial interim payment, additional payments could be requested during the claims process if you continue to incur costs. Wherever possible, our solicitors always try to agree upon interim payments directly with the defendant rather than taking the case to court.
What’s The Purpose Of Interim Payments?
If you’ve suffered significant injuries during an accident or medical negligence, interim payments can be a lifeline whilst you wait for your claim to be finalised. Some of the reasons people need funds during the claims process include:
- Private medical care. While the NHS is one of the largest health services in the world, it is often quicker to be treated privately. Insurers are often happy to discuss paying for private treatment if it means the victim will recover faster.
- Home or vehicle modifications. If you’re having to cope with a new disability, changes to your home or vehicle could make life a bit easier. Therefore, an interim payment could allow the required work to begin sooner.
- Loss income. While your claim is being finalised, life goes on for you and your usual costs will continue to accrue. If your injuries are preventing you from working, and you lose income as a result, an interim payment could help you to cope until your final compensation payment is made.
- Care costs. If you need help with daily tasks because your injuries prevent you from completing them yourself, an interim payment could help with the cost of a carer.
What Amount Can Be Claimed As Interim Payments?
Every personal injury claim is unique. Therefore, the total amount of compensation awarded will vary from case to case. There’s no official percentage that can be requested as interim payments. However, it will be restricted to a reasonable proportion of the full amount you could be paid once your claim is settled in full.
Importantly, you can claim interim payments more than once while waiting for your settlement. However, the total amount claimed will never be more than the reasonable proportion.
If you’d like to know what amount of compensation could be claimed as interim payments in your case, please speak with a member of our team.
What Affect Will Interim Payments Have On My Compensation Payment?
It’s important to realise that interim payments are not made in addition to your compensation award. Instead, they are deducted from it. For example, if a £100,000 compensation award was agreed at the end of the claims process and you’d had 2 interim payments of £10,000, your final payment would be for £80,000.
What Type Of Claims Might Lead To Interim Payments?
There’s no defined list of what types of claims could require interim payments. However, as we’ve alluded to, they are likely to involve cases where there is an immediate financial need caused by serious injuries. Some examples include:
- Brain damage claims.
- Spinal injury claims.
- Amputation claims.
- Serious road traffic accident claims.
- Mesothelioma claims.
- Serious medical negligence claims.
Essentially, claims that may take many months or years to be settled in full could be eligible for interim payments. Again, they may be paid if the defendant has admitted liability for your injuries but where the final compensation amount is still to be decided upon. This may be the case if your prognosis is not yet clear or if further negotiations are required.
How Our Solicitors Could Help You Claim Interim Payments
Our team of personal injury solicitors have been handling personal injury claims for many years. They are experienced and fully understand the claims process and how the law works.
If your claim is accepted, your solicitor will:
- Review your case with you in detail to gain a full understanding of how you have been affected.
- Collate evidence to support your claim.
- File the claim with the defendant or their insurer.
- Try to reach an amicable agreement over liability for your injuries.
- Assess whether you’d benefit from an interim payment and request one if required.
- Deal with all negotiations, queries and objections on your behalf.
- Try to settle your claim as swiftly as possible while trying to make sure you receive the maximum compensation possible.
If you would like to talk to us about beginning a personal injury claim, please call our advisors on 0800 6524 881 today. Your case will be reviewed for free, and we could ask one of our personal injury solicitors to begin work right away. Importantly, they’ll provide a No Win No Fee service if your case is accepted.
Thanks for reading this guide to interim payments in personal injury claims.