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What Is A Personal Injury Claim Interim Payment?
By Stephen Hudson. Last Updated 5th September 2024. This guide examines who may be eligible to receive a personal injury claim interim payment during the claims process. An interim payment can be awarded before the claim has settled to cover any necessary costs that have arisen.
We’ll provide detail of what an interim payment for a personal injury claim is, as well the rules governing applying for such payments. You will see details on how personal injury compensation amounts are calculated, including the impact an interim payment can have on the final settlement amount. We have also included a section on why you would apply to receive interim payments instead of waiting for the final settlement, depending on your personal circumstances.
Additionally, we explain the No Win No Fee terms offered by our expert personal injury solicitors. To learn more about personal injury claims, or for a free assessment of your eligibility, contact our advisors today using the details given here:
- Call us on 0800 073 8804
- Contact us online.
- Or use our live chat pop-up.
Select A Section
- What Does Interim Payment Mean?
- When Can Courts Order An Interim Payment?
- Conditions Set Out In CPR 25.7(1)
- Why Apply For A Personal Injury Claim Interim Payment?
- Personal Injury Claim Interim Payment – How Much Could You Get?
- Do Interim Payments Affect Your Benefits?
- How Do Personal Injury Claim Interim Payments Affect Your Final Payout?
- Personal Injury Claim Calculator
- No Win No Fee Personal Injury Claims
- Essential References
What Does Interim Payment Mean?
An interim payment in personal injury law is basically an advance on your compensation. When you are seriously injured, you might need your compensation as soon as possible to help pay for things like medical treatments, professional care, childcare, and more.
Usually, you’ll only be able to get an interim payment if the other party has already accepted liability, and you have a clear reason for needing your compensation sooner.
For example, if you were paralysed in a car accident and need the funds to pay for rehabilitation or assisted living, the courts may grant you a portion of your compensation in the interim to cover these costs.
When your claim is resolved, your interim payment will be deducted from your compensation.
For more information on interim payments, or to find out if you could be eligible to make a personal injury claim, contact our team today.
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.
Personal Injury Claim Interim Payment – How Much Could You Get?
Understandably, the questions we get about interim payments are often ‘What percentage is an interim payment of my overall compensation’, or ‘How much can I get from an interim payment?’ These are valid questions because, as we have discussed, interim payments carry out a vital function in a personal injury claim.
As each case is unique, there is no set compensation figure. There is also no strict limit to the percentage of compensation that can be set aside for an interim payment, meaning that what you receive depends entirely on your individual circumstances.
A personal injury claim interim payment should be based on the likely compensation award. It should also be a ‘reasonable proportion’ of this projected figure. That is true for each interim payment, if you are eligible to get more than one.
If you have an expert solicitor working on your case, they will be able to give guidance on what a reasonable interim payment in a personal injury claim should be.
For more advice, simply call our free helpline today and we can discuss what you might be able to receive.
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 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 |
|---|---|
| Multiple Severe Injuries + Special Damages | Up to £1,000,000+ |
| Paralysis - Tetraplegia | £396,140 to £493,000 |
| Paralysis - Paraplegia | £267,340 to £346,890 |
| Total Blindness and Deafness | In the region of £493,000 |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderately Severe Brain Damage | £267,340 to £344,150 |
| Severe Back Injuries (i) | £111,150 to £196,450 |
| Severe Neck Injuries (i) | In the region of £181,020 |
| Severe Arm Injuries | £117,360 to £159,770 |
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. Please note that the first row was not taken from these guidelines.
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 Claims
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).
Your solicitor captures a success fee only in the event that you win your case and receive compensation. This fee is deducted from the award and will be a small percentage of what you receive. The percentage being small is assured because it is legally capped.
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
For more advice on personal injury claims and interim payments, please get in touch.
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