By Lewis Winehouse. Last Updated 22nd November 2022. Welcome to our guide on seeking a personal injury claim interim payment. You may already be in the process of claiming or you may be gathering information before you proceed. Either way, this guide aims to give you a better understanding of the claims process.
No matter whether you’ve been injured in an accident at work, on the road or in public, you may have incurred losses of a financial nature as a result. Additionally, we understand that you may have faced financial challenges no matter the severity of the harm you’ve sustained.
Did you know that when making a personal injury claim you could be provided with some of the compensation early as an interim payment?
In this guide, we look at when a claimant can be awarded some of their compensation early to cover losses they are experiencing. Although we aim to cover the information you need to move forward, we expect that you may require further clarification. If that’s the case, please get in touch with our team using the details below:
- Phone number – 0161 696 9685
- Fill out the contact form to request a call-back
- Live chat with an advisor below
Jump To A Section
- A Guide On Getting A Personal Injury Claim Interim Payment
- What Are Injury Claim Interim Payments?
- Interim Payment – Meaning, Definition & Aim
- What Costs Could An Interim Payment Meet?
- Will My Interim Payment Reduce Benefits?
- Will The Interim Payment Reduce My Final Award?
- What Are The Values Of Common Injuries
- What Losses Could You Be Compensated For?
- How Many Personal Injury Claims Go To Court?
- The First Steps In Personal Injury Claims
- Reduce Your Risk With A No Win No Fee Agreement
- Contact Our Helpline
- Useful Links
- Answers To Your FAQs
Injuries caused by negligence can often cause both physical and psychological challenges. However, they not only have the potential to impact your health, but they can also result in causing you financial burdens. For instance, your injury may have left you unable to work and without a source of income to pay your bills.
To be able to make a request for a personal injury claim interim payment you must first qualify for a personal injury claim. As part of your personal injury claim, you may be entitled to receive part of your compensation before your claim settles. In order to access this, you may be able to make a personal injury claim interim payment application.
Our guide will explore when you might be eligible to request your compensation early and the steps you may need to follow to do so. Additionally, we’ll look at what your overall compensation settlement may comprise and what an interim payment could cover.
Don’t forget, you can speak to a member of our team if you require clarification on anything whilst or after reading our guide. Simply call on the number at the top of the page. Alternatively, continue reading for further information.
In order to be eligible for an interim payment, you must be seeking a compensation claim. An interim payment allows you to seek part of your compensation before your claim settles. However, the claim needs to be seen as settling in your favour, this might mean that:
- The defendant has admitted liability
- It has been made clear to the court that the defendant is liable
- The defendant has decided to pay compensation without admitting liability
If your application is successful but the defendant refuses to pay you can ask the court to enforce the decision and order the defendant to pay.
As the process can be complex, it can be helpful to have a solicitor helping you through the different stages of your claim. Furthermore, they can advise on how to seek a personal injury claim interim payment.
For more information on seeking legal representation, speak to a member of our team using the number above.
The aim of an interim payment is to help claimants with serious or urgent financial needs. Requests are typically made in claims for serious injuries, where a settlement is still being negotiated but the claimant has urgent care needs.
An interim payment, for example, could be requested in a claim for a spinal cord injury, where the injured party needs essential spinal surgery that is expensive. If liability is confirmed, but compensation has not been paid out, the claimant could apply for an interim payment to cover the cost of the surgery.
Another example could be if a claim is made for a serious head injury; the claimant or a representative could apply for a interim payment, meaning they can cover the costs of home care such as a private nurse.
Hopefully, this appropriately explains the meaning of an interim payment.
We give you more information about interim payments through the rest of guide, but our team are available at any time to talk to you about any other questions you have.
What conditions do you have to meet?
As per the Civil Procedure Rule 25.7 (1), the application you put forward needs to meet certain conditions to decide whether an interim payment should be paid. You would need to provide evidence reflecting the following;
- How much you’re seeking
- What you’re seeking it for
- How much your overall compensation settlement is likely to be
- Any details of losses or expenses you’ve experienced
If you have any questions regarding the conditions your application for an interim payment must meet, use the number above to speak to an advisor.
A personal injury claim interim payment could cover any immediate expenses that have built up as a result of your injuries. The expenses might include any of the following:
- Medical expenses, e.g. physiotherapy or mobility equipment
- Home adjustments for any life-changing injuries e.g. installation of a stairlift or ramp for disabled access
- Care costs e.g. full-time nursing due to a severe brain injury
However, it’s important to note that the payment must be necessary and must be within reasonable proportion to your overall settlement. Both of these factors may be taken into consideration when assessing your application.
There are occasions when your compensation could affect any means-tested benefits you receive. A means-tested benefit will consider the income and savings you have to determine whether you’re eligible to receive a certain benefit, such as:
- Income support
- Housing benefits
- Council tax support
- Jobseeker’s allowance
- Pension credit
There is an allowance on the amount of savings you can have before it affects your benefits. However, if your compensation takes your savings over the allowance, you may no longer meet the criteria for certain benefits.
For instance, in order to be eligible for housing benefits, you shouldn’t have more than £16,000 in savings. If you then receive compensation that equates to more than £16,000 when combined with your savings, you may no longer be eligible to receive these benefits.
If this is the case, you may wish to set up a Personal Injury Trust (PIT) which can help protect your benefits from being affected by any compensation you may receive.
When you receive your compensation, you will have a 52 week period where the settlement you’re awarded won’t affect your benefits entitlement. You can use the 52 weeks to set up a PIT, however, it is beneficial to organise it as soon as you’re able.
Additionally, when setting up the trust, you’ll need to nominate two or more trustees to manage it, one of which can be you. However, you must be over the age of 18 to be a trustee.
For more information on how compensation may affect your benefits, please speak to a member of our team.
If you are awarded an interim payment it will be deducted from the final settlement figure you’re set to receive. Once the claim has settled, you’ll be awarded the rest of your compensation.
For example, if your overall claim settlement totals £24,000 and you receive £4,000 as an interim payment, you’ll receive £20,000 when your claim settles.
When making a claim if your case is successful you can be awarded two main types of damages. General damages which we look at in this section compensates you for the suffering caused by your injury or illness. Where special damages, which we will examine in the next section, reimburses you for losses and expenses.
The value of general damages is dependent on the injury you’ve sustained and how severely it’s impacted your quality of life.
In addition, when calculating your claim, different forms of evidence will be used alongside a document put together by the Judicial College.
The table below details example values of different injuries you could seek compensation for in a personal injury claim. However, they should only be used as a guide as actual compensation figures may vary depending on the unique circumstances of your claim.
|Type of harm||Further details||Compensation award|
|Brain damage||(a) Very Severe: Injuries where the person needs full-time care.||£264,650 to £379,100|
|Brain damage||(c) Moderate: (iii) The injury may have impacted concentration and memory.||£40,410 to £85,150|
|Hand||(c) Complete loss of one hand||£90,250 to £102,890|
|Hand||(u) Severe thumb dislocation||£3,710 to £6,360|
|Leg||Severe: (iii) A serious comminuted fracture leading to ongoing issues.||£36,790 to £51,460|
|Ankle||(c) A moderate fracture that causes ongoing difficulty with mobility.||£12,900 to £24,950|
|Foot||(d) Where both heels are severely fractured.||£39,390 to £65,710|
|Foot||(f) A moderate displaced metatarsal fracture causing ongoing issues.||£12,900 to £23,460|
|Whiplash With Psychological Injuries||Lasting 18-24 months||£4,345|
|Whiplash||Lasting 18-24 months||£4,215|
Please note that the table does not include every injury listed in the JCG, so if you can’t find your injury, you can call a member of our team. They can then provide an estimate of how much your claim is worth after taking details of your injury.
A compensation settlement may consist of two types of damages, general and special damages. Each compensates you for different things. For example:
- General damages
These compensate you for the pain and suffering you’ve experienced as a result of the injury you sustained in an accident.
However, the amount of compensation you receive may depend on several factors. For instance, the level of severity and how much of an impact the injury has had on your quality of life.
- Special damages
Any financial losses you’ve incurred as a result of your injury can be claimed under special damages. They compensate you for your past and future losses and may cover the likes of care costs, loss of earnings, medical expenses and travel expenses.
However, not every claim will include special damages. For that reason, they will be calculated separately to general damages.
In order to accurately value your claim, you will need to provide evidence. For special damages, this might consist of receipts, invoices and payslips.
Whereas for general damages, this might involve medical evidence and additional medical assessments. Any medical documents or reports can highlight the extent of your injuries and any long term impact they’ve had on you.
For more information, call our expert team of advisors on the number above.
You might be wondering, ‘how many personal injury claims go to court?’. Generally, most claims are settled outside of court.
A personal injury claim going to court usually involves a lot of time, money and effort from both parties, so parties will usually try to come to some sort of agreement before this is necessary.
Please don’t hesitate to get in touch for more free guidance and support. One of our solicitors could help if your claim does end up in court.
There are important steps you may wish to take to build a strong case. For instance, seeking evidence to support your claim and provide details on your injuries.
There are different forms of evidence that you may need to obtain. For instance, medical evidence in the form of records from doctors and hospital appointments. This can highlight the current state of your injury, as well as any treatment and diagnosis the doctor issued you with.
In addition, there are other types of evidence you can obtain to prove that someone acted negligently, such as:
- CCTV or dashcam footage
- Witness details
- Copy of the accident recorded in an accident book
- Pictures of your injury
- Pictures of the accident
- Diary of your injury and the symptoms you’ve experienced
Most importantly, it’s advisable for you to seek legal advice from a solicitor to help you understand how to put forward a strong case.
There is no legal requirement to seek legal representation when putting forward a claim. Furthermore, there is no initial cost to making a personal injury claim but there are other costs that may incur while it’s ongoing.
For that reason, it may be beneficial to hire a solicitor under a No Win No Fee agreement as you can avoid upfront costs or costs that incur while the claim is ongoing. Additionally, a solicitor can provide expert legal advice throughout your claim to help you get the compensation you deserve.
Most importantly, if your claim is unsuccessful, you won’t be asked to pay solicitor fees.
If the claim is won, you will need to pay a legally capped success fee. However, your solicitor will make you aware of the fees prior to you starting your claim with their representation.
Our team of advisors can help in any way you need with regard to advising on your personal injury claim. They can provide additional clarification on:
- Whether you’re eligible to apply for an interim payment
- What your compensation claim may include
Additionally, if you haven’t yet put forward your claim, they can assess your claim to see if it’s valid. For instance, they may look at the following three questions to determine whether someone acted negligently:
- Did someone owe you a duty of care?
- Did they fail to uphold the duty of care they owed you?
- As a result, did you suffer avoidable harm?
Furthermore, if your claim has a chance of succeeding, they can appoint a No Win No Fee solicitor from our panel to work on your case. For more information, get in touch using the contact details below:
Did you suffer from a broken leg at work? If so, our case study guide on seeking compensation for an accident at work could help.
If you were injured while cycling, our guide could help you understand the rights you have to make a personal injury claim.
For more information on seeking compensation for an injury sustained after being stuck in a lift, see our guide.
See the government website for more details on the criteria you need to meet for different benefits.
If you require any medical advice, visit the NHS website.
In the following section, we have explored the answers to some commonly asked questions about interim payments.
Can interim payments be awarded to victims under the age of 18?
If someone is under the age of 18, someone else could act as a litigation friend and claim on their behalf. For instance, a parent or guardian. In these cases, a litigation friend could apply for an interim payment on behalf of the child.
What can I use the interim payment for?
You could use the compensation you receive through an interim payment to help with any financial losses that you’ve incurred as a result of your injury.
How long does an injury claim take to pay out?
The time it takes to receive your overall compensation settlement may depend on your specific claim. For instance, if someone has admitted liability.
Thank you for reading our guide on seeking a personal injury claim interim payment.
Written by AC
Edited by IE.