What is an Interim Payment?
An interim payment is where part of a Claimant’s compensation or settlement is advanced to them earlier in the process, before final judgement or full and final settlement being reached.
In personal injury or medical negligence claims, interim payments can be requested in most cases which meet the below requirements however, they are most common in cases involving very serious injuries e.g. brain or spinal injuries. This is because serious injury claims can sometimes take many years to settle and it is important that the Claimant has the funds available to afford the necessary treatment and meet their financial obligations.
Some Claimants may require a variety of different treatments including physiotherapy, counselling, and occupational therapy input and speech and language therapy to name a few. There might also be a need for professional care. These kinds of treatments can be paid for privately and would form part of their overall claim for compensation.
For a Claimant suffering from serious injuries, their condition could be so severe that their ability to work is impaired, which could result in loss of earnings over an extended period of time. During this period, a Claimant may incur extensive costs during their recovery and financial pressures can cause increased stress throughout the litigation process.
In such circumstances, an interim payment could be beneficial in easing their financial burden, allowing for the Claimant to purchase aids or equipment or to make adjustments to their accommodation to assist in their recovery.
Who Can Receive an Interim Payment?
If the Defendant in your personal injury or medical negligence claim admits liability or fault for causing your injuries, your solicitor can request that they make an interim payment to you. This can either be made voluntarily after a request from your solicitor or, if the Defendant objects to making an interim payment, through an Application made to the Court for an Order for payment. The latter is only possible in circumstances where your claim has been ‘issued’, meaning the claim has been filed with the Court and the legal process has formally commenced.
To successfully secure an interim payment:
- Liability will usually have been admitted by the Defendant;
- The reasons for the interim payment being requested must be clearly set out (for example that the money is required for treatment or care);
- The sum requested must be reasonable and less than your likely final compensation settlement; and
- The Court must assess the sum to be both reasonable and required (if the interim payment is requested by way of an Application to the Court).
More than one interim payment is possible and these can continue throughout the course of a serious injury compensation claim, however, each of the criteria must be met whenever a payment is requested.
Interim payments can significantly help an injured person, particularly where serious injuries have been sustained.
Our specialist serious injury lawyers understand the tragic effect that an injury or medical negligence can have on an individual. We have the expertise and the resolve to ensure that a sufficient provision is made to allow the Claimant the best chance of recovery.
If you or someone you care about has sustained an injury as a result of a personal injury or clinical negligence, please feel free to contact one of our specialist lawyers for a free no-obligation discussion on 0121 355 0011.