Interim payments: What are they?

Reading time: 3 mins

Carrie Tennick, March 03, 2020

When you are awaiting compensation from a personal injury claim, you might find that you end up in financial difficulty. This could be down to the fact you might not be able to work after your injury, meaning that you’ll suffer a loss of earnings.

You may also have been so seriously injured that you need specialist medical treatment. This may have to be received privately, meaning that you have to pay for it. This could have a real impact on your finances.

In this situation, you could benefit from an interim payment.

What are interim payments?

Receiving an interim payment means you receive part of your compensation before your personal injury claim is fully settled.

You can use this to get the medical care you need. You can also use it to pay for any home modifications you may need after your accident – for example, if you need a wheelchair and have to have your home adapted to accommodate for it.

If you are struggling financially after losing out on work after your accident, an interim payment will help you pay your bills while you wait for your full compensation to be awarded.

An interim payment can help you avoid feeling pressured to settle an injury claim for less than you are entitled to. After a claim is settled, you won’t usually be able to receive any further compensation. This is because a ‘full and final settlement’ means an offer is made for the whole of your claim. Once you accept it, you won’t be able to claim any additional compensation, even if your injuries develop further.

Interim payments can give you some breathing space while your solicitor works to get you the maximum compensation possible.

Are there any restrictions around interim payments?

You can usually only apply for an interim payment if the defendant – the party you are claiming against – has admitted that they were responsible for your injury and they have the appropriate insurance.

But the court is also able to order that an interim payment be made if your case meets certain criteria. This includes there being a reasonable chance that the party will be found responsible if the case ends up at trial. You will usually need medical evidence to convince the court to order an interim payment.

You will also have to prove that you have a strong case for requesting an interim payment in order to receive one. This could be for medical treatment – such as physiotherapy or counselling – or necessary home adaptations if you’ve suffered a serious injury. If your injury has resulted in you needing a wheelchair or other mobility aids, an interim payment could help you cover this.

If you need multiple interim payments, you can request them. There is no maximum number of these payments that you can claim. However, each request must meet the same criteria as your initial interim payment.

How much are interim payments worth?

An interim payment will be a ‘reasonable proportion’ of the overall compensation amount you’re likely to be awarded. As there is no limit to the number of interim payments you can claim, the total must fall under the ‘reasonable proportion’ rule.

Requesting a reasonable amount will make it more likely that the court will approve the payment.

As they make up a proportion of the total compensation, you will then receive less in your final settlement. It is worth considering this when making the decision to request an interim payment. You should always discuss this with your solicitor as they’ll be able to advise you on the best choice for you.

To find a qualified and experienced solicitor to help you make a compensation claim after an injury or experience of medical negligence, just give us a call, request a call back or start your claim online.

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