What Are Interim Payments And Who Can Claim Them?

By Richie Billings. Last Updated 10th January 2024. 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.

Interim payments personal injury compensation guide

Interim payments personal injury compensation guide

Select A Section

  1. What Are Interim Payments?
  2. Who Could Apply For An Interim Payment
  3. When Could You Get Interim Payments?
  4. How Long Could It Take To Get Interim Payments?
  5. Calculate How Much Your Injury Could Be Worth
  6. Contact Our Team To Learn More About No Win No Fee Claims

What Are Interim Payments?

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.

Who Could Apply For An Interim Payment

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.

A pile of bank notes sit beside a wooden gavel on a table

Who Can Receive Interim Payments?

When Could You Get Interim Payments?

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 in requesting interim payments. Contact our advisors today to learn more.

How Long Could It Take To Get Interim Payments?

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.

Calculate How Much Your Injury Could Be Worth

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:

Edit
Injury type Severity Judicial College Guidelines award bracket Notes
Multiple Severe Injuries And Special Damages Severe Up to £1,000,000+ Multiple severe injuries combined with financial losses such as lost earnings and the cost of mobility aids and home adjustments.
Tetraplegia (a) £324,600 to
£403,990
Cases of acute and profound disability requiring 24 hour care.
Paraplegia (b) £219,070 to
£284,260
Award will dependent on reduction of life expectancy and impact on independence.
Brain Injury (a) Very severe brain damage £282,010 to £403,990 The need for full time nursing care and complete dependence on others. Only basic responses left
Neck Severe (a) (i) In the region of
£148,330
Incomplete paralysis and mobility issues for foreseeable future
Neck Severe (a) (ii) In the region of
£148,330
Damage to the brachial plexus, resulting in loss of function in one or more limbs
Neck Severe (iii) £4£45,470 to
£55,990
Fractures and severe dislocations or ruptured tendons that cause significant disability.
Organ damage Kidney (a) £169,400 to
£210,400
Serious damage or loss to both kidneys requiring prolonged dialysis care
Organ damage Digestive system (b) (i) £38,430 to
£52,500
Poisoning issues that require hospital admission for a period of days or weeks and a lengthy recovery, significantly impacting quality of life.
Psychiatric harm Severe (a) £54,830 to £115,730 A poor prognosis that reflects damage in any area of the sufferer’s life

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

Contact our team to learn more about claiming compensation and interim payments.

A stack of coins sit on top of a dark wooden gavel with a golden band around it

Learn About Interim Payments

Contact Our Team To Learn More About No Win No Fee Claims

Now that you’ve learned more about interim payments and how they could help when making a personal injury claim, you might be ready to find a solicitor. There are many benefits that can come with working with a solicitor, such as:

  • Help with negotiating a settlement.
  • Expert advice and guidance.
  • Help gathering evidence.

These are just a few of the benefits that can come with expert legal representation. Our panel of personal injury solicitors provide their services on a No Win No Fee basis, and offer their clients a Conditional Fee Agreement (CFA).

This kind of contract allows you to access their services without being asked to pay any upfront or ongoing fees. Likewise, if your claim isn’t successful, then you won’t pay your solicitor for their work.

If your compensation claim is successful, then your solicitor will take a success fee. This is taken from your compensation as a small, legally capped percentage.

To learn more about personal injury claims and how to claim interim payments, contact our team of advisors today. They can evaluate your claim for free, and answer any questions you may have about the claims process. Then, if your claim is valid, they may connect you with a solicitor from our panel.

To find out if you could be eligible for an interim payment, contact us today:

Resources

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: