How To Apply For A Personal Injury Claim Interim Payment
If your personal injury case looks certain to be settled in your favour can you get any money to help now? Personal injury claim interim payments can be made when liability has been established. If the other party has admitted fault, you can petition the courts to get amounts to take care of unexpected costs now. When you need them the most. A personal injury claim interim payment can help.
At Legal Expert, we can offer advice and guidance on how you could evaluate and structure your requests for compensation right now. If the other party have accepted liability, we explain how you can access some of your compensation without waiting for the case to be settled.
- To find out more, call us on 0800 073 8804
- Email or write to us at Legal Expert
- Or use the ‘live support’ option for instant no-obligation advice
How to apply for a personal injury claim interim payment guide
Select A Section
- A Guide To Personal Injury Claim Interim Payments
- What Is A Personal Injury Claim Interim Payment?
- How Do Interim Payments Work?
- When Can Courts Order An Interim Payment?
- Conditions Set Out In CPR 25.7(1)
- Why Apply For A Personal Injury Claim Interim Payment?
- Interim Payments – How Much?
- Do Interim Payments Affect Your Benefits?
- How Do Personal Injury Claim Interim Payments Affect Your Final Payout?
- Personal Injury Claim Interim Payment Calculator
- No Win No Fee Personal Injury Claim Interim Payments
- Start A Personal Injury Claim
- Essential References
- Personal Injury Claim Interim Payment FAQs
A Guide To Personal Injury Claim Interim Payments
A sudden accident can throw up a whole array of financial problems. In addition to being unable to work, you may need immediate care for basic tasks. In cases of severe injury, these requirements can be 24-hour for the remainder of the victim’s life. The cost implications of this can be overwhelming.
If the other party have admitted liability but there are still further discussions going on in order to settle the case they may pay interim payments to help with immediate costs to you. This means that under certain circumstances they can forward this much-needed money to you before the final conclusion of your case.
In this guide to personal injury claim interim payments, we will be explaining exactly what one is and how you can apply for it. By looking at the background needs, we discuss the quickest and most appropriate ways to go about asking for an interim payment.
We also look at how an interim payment can help alleviate the problems caused by your injuries. We conclude by explaining the benefits of using a personal injury lawyer in a No Win No Fee capacity to help you do this.
What Is A Personal Injury Claim Interim Payment?
In certain cases, personal injury claims have a clear outcome. If the accident was obviously the fault of another party the case can be considered ‘most probable’ in your favour. As such, the other party can issue advanced portions of your compensation as interim payments.
The case may still be waiting for certain statements or medical reports to come in before it is considered properly concluded. To alleviate the suffering and stress of the injured party, it is considered that they may be eligible for some money now rather than all of it later.
An interim payment is an amount of your settlement that is given to you before your case has actually finished. You can apply for one or several and each request may be considered individually.
How Do Interim Payments Work?
After an injury, you may need to attend to medical demands in an emergency. Certain procedures or medical equipment can be very expensive. Interim payments give you the opportunity to access the things you obviously need rather than waiting until the formal conclusion of your case.
For an interim payment to be awarded, the other party will have usually admitted liability or it may be agreed that the claimant is owed compensation. The amount is then deducted from your final compensation settlement amount.
When Can Courts Order An Interim Payment?
Courts may instruct for an interim payment to be made to you or a loved one if it is clear that the other party is ultimately liable or that compensation is inevitable and you need the funds urgently. In cases of severe injury, the victim may suffer life-altering injuries. To function at home, it might be necessary to make expensive modifications to the home or purchase a medically altered vehicle.
These costs can run into the tens of thousands. If satisfied on the grounds of necessity, the courts may order the other party to pay some of the compensation money to the claimant so as not to delay the provision of these essential changes.
However, the liable party may argue or resist this request on the grounds that the case has not been finally decided or that there are mitigating reasons, such as contributory negligence. This is when the other party claims you did something to add to your accident and injury. In cases like this, the courts will assess the amount being asked for and how reasonable the defendant’s grievance about paying may be.
Conditions Set Out In CPR 25.7(1)?
There are various conditions attached to requesting an interim payment. Generally, certain conditions must be satisfied and matters taken into account in order for the courts to issue an interim payment to the claimant. It is likely that evidence will be needed to establish what an interim payment would be used for a long with reasons being satisfied in accordance with rule 25.7.
Speak to a member of our team about any conditions you may have concerns about in your case. Their advice is free and there’s no obligation to proceed with a case unless you wish to.
Why Apply For A Personal Injury Claim Interim Payment?
As discussed, the costs attached to modifying your life or that of a loved one’s after a serious accident can be huge. Costs such as this can be urgent as well. In addition to medical treatments and equipment, 24-hour care help can cost thousands of pounds a month. The injuries may mean that the victim requires help like this for the rest of their life.
Furthermore, some claims can take a long time to settle. Your need for constant help with domestic issues or the costs of expensive treatments could go on for months or even years. Even after admitting liability, the courts may need to wait for medical details or other documents. A lawyer can help guide your requests for interim payments and explain what needs to be produced in order to receive these.
Interim payments can purchase the necessary things to make you as comfortable as possible during this difficult time. Interim payments can meet those bills immediately. This can enable you to recover quicker.
Interim Payments – How Much?
Interim payments remove the pressure to settle your claim early. Some people may find themselves in emergency need of money to attend to their health problems. They may panic and settle for a lesser amount. Interim payments create the breathing room to wait and allow your claim to settle on a ‘full and final basis’ permitting all the relevant evidence to come in and contribute to the final award settlement.
Realistically, you can only make one claim for personal injury. Therefore, it’s essential to include all the implications of the injuries, both now and the possible ones in the future. For example, someone involved in a serious workplace accident may be able to return to some form of occupation after the accident but at a reduced capacity and wage. This shortfall in income can be calculated up until the age of retirement and included as part of their claim.
A Government agency called the Criminal Injuries Compensation Authority (CICA) can also help. The CICA look at requests for compensation for the victims of serious crime in England, Scotland and Wales. The crime must be reported to the police authorities and you must participate actively in helping to bring the guilty party to justice. CICA interim payments may be applicable if you were injured through an act of crime. Speak with our team for further guidance.
Do Interim Payments Affect Your Benefits?
Interim payments do not have a bearing on any state benefits that you may be in receipt of for 12 months. You may set up a personal injury trust in this time. After this time, unused money may be subject to inclusion against benefit entitlement. Also, amounts that were spent too quickly can be regarded as an act of self-impoverishment which the Department of Work and Pensions may investigate.
In other words, the amounts you are given should be spent carefully and correctly. Your personal injury lawyer may be best to advise you in this respect.
How Do Personal Injury Claim Interim Payments Affect Your Final Payout?
Personal injury claim interim payments are effectively portions of your compensation in advance. At the conclusion of your case, all the interim payments that you have received are totalled up and deducted from the final amount. Other relevant deductions that relate to any costs associated with your case may be made also. If you receive benefits the Department of Work and Pensions may seek certain amounts back.
Personal Injury Claim Interim Payment Calculator
The ultimate award you may receive depends on evidence for two types of damages. The first, general damages, are those that seek to acknowledge the impact of:
- Pain and suffering caused by the accident
- Loss of amenity or pleasure in life
- Impact on personal relationships
- Damage to long-term health
- Risk of mental health issues
- Disfigurement or deformity impact
Looking at a publication called the Judicial College Guidelines, your lawyer can refer to award brackets as they relate to specific injuries. The results of an independent medical assessment may be used in the calculation of your settlement. The table below offers a brief excerpt:
| Injury | Award bracket from JCG | Notes |
|---|---|---|
| Tetraplegia | £324,600 to £403,990 |
Complete lifelong disability and loss of function |
| Paraplegia | £219,070 to £284,260 |
Some residual awareness but profound and life-long disability |
| Very Severe Brain Damage | £282,010 to £403,990 | Little if any meaningful response to environment, 24 hour care required |
| Moderately Severe Brain Damage | £219,070 to £282,010 | Substantial dependence on others, limb paralysis and profound cognitive impairment |
| Total Blindness and Deafness | In the region of £403,990 |
Complete site loss and hearing loss. |
| Reproductive System: Female | £114,900 to £170,280 |
Complete loss of reproductive capability |
These entries represent injuries for which an interim payment might be most commonly requested. If the courts concur that your financial need is sufficient, the courts can urge an interim amount.
Special damages
In addition to general damages, you can use evidence that relates to financial costs as part of your claim. When confronted by sudden and severe injury, a whole range of outgoings can present themselves. For example, you may notice a sudden demand on money because:
- You cannot work until you recover
- You may never be able to work at your previous job again
- The need for expensive medical equipment
- Necessary alterations or adaptations to your home
- Care costs – in some cases 24-hour for life
- Medicines or equipment
- Physiotherapy or counselling costs
- Any form of demonstrable cost that you have to attend to because of your injury
Special damages try to prevent you from suffering financial hardship. Speak about your claim with our team if you have costs associated with your injuries but you are unsure as to whether they might apply. It’s a free call and there’s no obligation to continue with a claim.
No Win No Fee Personal Injury Claim Interim Payments
Now that you’ve learned more about interim payments in personal injury claims, you may feel encouraged to get started. One of our solicitors could guide you through this process on a No Win No Fee basis by offering their services under a Conditional Fee Agreement (CFA).
When you work with a solicitor under a CFA, they won’t ask you to pay a fee in order for them to start working on your claim, nor to continue their services. If your claim isn’t successful, then your solicitor won’t take a fee for their work on your case.
If your claim does succeed, then your solicitor will take a success fee. They deduct this directly from your compensation award as a small, legally-capped percentage. This legal cap is in place to help ensure that the majority of your award goes to you.
One of the benefits of working with a solicitor is that they can offer more information on claiming an interim payment. Our personal injury solicitors have years of experience and could use this experience to explain legal jargon, help you gather evidence, and offer more information on compensation.
To learn more about claiming for an interim payment or to find out if you could be eligible to work with one of our solicitors, get in touch with our team today.
Start A Personal Injury Claim
When you get in touch our advisors can assess your case and offer practical advice. They can explain how connecting with effective legal representation can be much easier than you may have thought. By discussing your case with a No Win No Fee lawyer working remotely, it no longer matters where you live. Without the financial restraint of a lawyer on an hourly or weekly rate or a reliance on the law firm in the high street, your claim could start right now.
Essential References
At Legal Expert, we can help with many different types of compensation claims. As the victim of workplace negligence, you could have a case against your employer. If you suffered a slip, trip or fall in a public setting, the people in control of that area might be liable for the health and financial damages associated with your injuries. Get in touch by:
- Calling us on 0800 073 8804
- Email or write to us at Legal Expert
- Or use the ‘live support’ option for instant no-obligation advice
Other Personal Injury Claim Guides
- Proving Liability and Injuries in A Slip and Fall Case
- Success Fee Calculations In Personal Injury Claims
- Chopping Or Slicing Injury Claims
- HAVS Compensation Claims
- Claiming For A Whiplash Injury With Pre Existing Condition
- Accidents at Home Injury Claims Guide
- Personal Injury Claims In Scotland Calculator
- Lung Disease Compensation Claims
- Paisley Personal Injury Solicitors
Personal Injury Claim Interim Payment FAQs
What does an interim settlement mean?
Courts recognise the urgency of some financial needs after an accident. If your case looks certain to settle in your favour, you can ask to access money earlier.
How many interim payments can I have?
You can request as many interim payments as you like. The courts need to evaluate and consider each request individually. If they decide that the request is a valid one, they can instruct the defendant to release funds accordingly.
Will I always receive an interim payment?
Not necessarily. Each request will be considered under individual circumstances. With the right evidence to prove that you need an emergency item, the request should be fairly granted but as stated, it depends on the likelihood of your case settling in your favour.
How much will I get at the end after interim payments?
Personal injury claim interim payments awarded will reduce your final settlement amount. It’s important to remember that each payment comes off the final award. Obviously, you need to demonstrate evidence for the amounts that you are requesting.
For more advice on personal injury claims and interim payments, please get in touch.
