Do you need to know about interim payments after a serious accident? Have you already started a personal injury claim for yourself or a loved one but need emergency funds? If the other party has accepted liability, you could access some of your much-needed compensation now to deal with emergencies caused by the accident.
In this article, we explain Interim payments and how you can apply for them. You may need money for essential needs after a traumatic injury, or to pay for vital care for a dependant. Our panel of personal injury solicitors can help you apply to access these funds efficiently. Get in touch to find out more about how interim payments could help you.
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Select A Section
- What Are Interim Payments?
- Who Could Apply For An Interim Payment
- When Could You Get Interim Payments?
- How Long Could It Take To Get Interim Payments?
- Calculate How Much Your Injury Could Be Worth
- Contact Our Team To Learn More About No Win No Fee
Personal injuries can be complex. If the injuries are severe, the case may take longer to settle than usual. Courts may need to wait for further medical evidence before deciding on any final amount of compensation. During this time, you may be unable to work. You may start to experience financial issues because of the accident and injuries.
If it looks certain that the case will settle in your favour, you can apply for an advance of part of the compensation to pay for essential needs. This is known as an interim payment. Claimants can request interim payments themselves, or work with a personal injury solicitor who can offer professional guidance and advice on how to apply for them.
This article explains how you can apply for an interim payment for essential costs after a serious accident when making a personal injury or medical negligence claim. We discuss how a personal injury lawyer can organise your requests correctly. They can assist you in applying for vital funds promptly when you really need them to attend to your recovery or those of a loved one.
In conclusion, we explain how working with legal representation under a No Win No Fee agreement could help you do this at no upfront cost to you.
Interim payments or ‘remedies’ are designed to reduce financial hardship for those injured in cases of negligence or avoidable accidents when making a compensation claim. Personal injury claims can be made when you are injured because those who should have been protecting your safety breached their duty of care and you suffered harm.
If it looks certain that the personal injury case will be decided in your favour, you could receive an advance on the expected compensation.
The Ministry of Justice Rule 25.6 states conditions for those applying for interim payments. When it looks certain the case will settle in your favour a single or multiple advances of the expected compensation can be made to attend to the immediate needs of the sufferer. You can apply for an interim payment at any time throughout your claim. Eligible claimants can include people involved in:
If you are in a position where the defendant has admitted liability or agreed to pay damages or a judgment to assess damages has been obtained against the other side, you could apply.
You can contact our team to discuss your eligibility at any stage of your claim. If you are just at the beginning of a personal injury claim or noticing financial hardship due to a delay in your claim being settled, we can help.
There are multiple circumstances where getting an interim payment could be necessary. For instance:
- You or a loved one may need expensive medical equipment after a traumatic brain injury
- There may be losses of income or changes to your family life that impact your ability to pay bills
- Travel expenses to and from hospital or work could mount up
- Rehabilitation costs can start to present an obstacle to your recovery
Our panel of solicitors can help you work out your costs. They can assist you to request reasonable interim payments and ensure you get the funds as and when needed. It’s important to note that there is a three-year time limit to starting a personal injury claim but no limit on how long the claim can take. As such, they can help you request interim payments at any point in your claim once it has started.
What Can I Use Interim Payments For?
You can apply for interim payments to deal with any expensive or necessary needs as you recover. As outlined in the scenarios above, you could request them for:
- If you or a loved one needs expensive medical procedures
- Essential medical equipment
- Loss of income
- Domestic help or paid carers
- Adaptations to your home in order to carry on living there
- Rehabilitation needs
- Any urgent bill that relates to your injuries
It is possible to apply for more than one interim payment but the courts consider them on individual merit. Furthermore, it’s important to keep receipts and evidence of purchase to justify future interim payments you may need.
If you choose to work with a personal injury solicitor, they can petition the courts for an interim payment as soon as it looks certain the case will settle in your favour. If they agree to the payment, it should happen promptly.
Amounts given must be a ‘reasonable proportion’ of the total compensation you are expected to receive. As discussed, you can make more than one application for an interim remedy, but the total cannot exceed what you are getting in compensation. All interim payments are deducted from the final settlement amount.
Reach out to our team for more information about applying for an interim payment. They are able to answer any queries or questions you may have and help explain the best way to start your claim for an advance on your compensation.
Having a more confident idea of what compensation you should aim for is important. You can look at two areas of compensation called ‘general’ and ‘special’ damages.
General damages take the findings of your medical assessment and compare them to injuries listed in the Judicial College Guidelines. This publication lists bracket amounts based on the severity of the injury. They aim to acknowledge the impact of pain, significant suffering and loss of amenity in life. The chart below illustrates a small excerpt:
|Injury type||Severity||Judicial College Guidelines award bracket||Notes|
|Tetraplegia||(a)||£304,630 to £379,100||Cases of acute and profound disability requiring 24 hour care.|
|Paraplegia||(b)||205,580 to £266,740||Award will dependent on reduction of life expectancy and impact on independence.|
|Brain Injury||(a) Very severe brain damage||£264,650 to £379,100||The need for full time nursing care and complete dependence on others. Only basic responses left|
|Neck||Severe (a) (i)||In the region of|
|Incomplete paralysis and mobility issues for foreseeable future|
|Neck||severe (a) (ii)||£61,710 to £122,860||Damage to the brachial plexus, resulting in loss of function in one or more limbs|
|Neck||severe (iii)||£42,680 to £52,540||Fractures and severe dislocations or ruptured tendons that cause significant disability.|
|Organ damage||Kidney (a)||£158,970 to £197,480||Serious damage or loss to both kidneys requiring prolonged dialysis care|
|Organ damage||Digestive system (b) (i)||£36,060 to £49,270||Poisoning issues that require hospital admission for a period of days or weeks and a lengthy recovery, significantly impacting quality of life.|
|Organ damage||Bowel (a) (i)||Up to £172,860||Double incontinence issues with total loss of control and other complications|
|Psychiatric harm||Severe (a)||£51,460 to £108,620||A poor prognosis that reflects damage in any area of the sufferer's life|
These amounts are suggestions, not verified compensation awards.
Special damages amounts are based on all the out-of-pocket costs to you caused by the injuries. It is possible to include reimbursement for any of the following:
- Urgent medical care
- Rehabilitation costs
- Adaptations to car or home
- Domestic or care support from either family, friends, or paid professionals
- Loss of earnings
- Child care provision
- Lost future income
Any of these issues may arise after a serious injury to you or a loved one. In cases of traumatic brain injury, the person concerned may never be able to work again and need constant care. If you choose to work with a personal injury solicitor they can evaluate these predicted costs and ensure you request them as part of your settlement.
When requesting compensation, it’s vital that you are confident your claim will yield enough to cover all your health needs and adjustments to life after the accident. A personal injury solicitor can help you correctly calculate these costs and gather together the documentation to support your claim. Claims can only be made once so it is vitally important to include everything.
A personal injury solicitor could help you at whatever stage you are at in your compensation claim. Perhaps you are just starting a claim? Or do you need to request emergency funds to deal with the repercussions of a personal injury right now? A No Win No Fee agreement can help.
No Win No Fee agreements require no fee to engage the solicitor. If the case wins a 25% maximum deduction is due with a Condition Fee Agreement CFA. If the case fails you do not have to pay your solicitor’s fees.
With this in mind, it can be possible for you to work with legal experts regardless of your financial concerns. No Win No Fee offers access to legal support at a time when you most need it. Find out more about how it could help you today by getting in touch with our team:
- You can call us on 0800 408 7825
- Or email at Public Interest Lawyers
- Alternatively, use the ‘live support’ option to the bottom left
Resources For Victims
Thank you for reading this guide on interim payments. Please do not hesitate to get in contact if we can offer any more help. You can also refer to the resources below for more help:
- Learn more about special damages in personal injury cases
- Further reading on how to use a compensation calculator
- Understanding more about getting specialised help after a traumatic brain injury
- There is also support available from brain injury charity Headway
- Government advice on benefits while you are off work
- The costs of self-funded care from the NHS