Finding yourself brain injured can have a devastating impact on both yourself and those around you.
The effects of a traumatic brain injury can be far reaching and sometimes it can be difficult for those involved to fully come to terms with the impact and extent of this life changing injury.
Individuals may experience psychical effects, such as balance problems, headaches and dizziness together with a cognitive element to include memory, information processing and recall impairment and behavioural changes.
Quite often, an individual may also be suffering from a number of other serious injuries and complications, particularly if there has been involvement in a road traffic collision.
Unsurprisingly, those who have been brain injured may start to find themselves worrying about their financial circumstances, when ideally they should be able to focus their efforts on their recovery.
Employer sick pay may be coming to an end and with no prospect of returning to work in the immediate future and any Personal Injury claim in its infancy, brain injured individuals may struggle to find the support they need and the options available to them.
Interim payments are a type of interim compensatory award designed to help people who have been injured in accidents begin to rebuild their lives whilst their legal claim is ongoing. Here’s a brief explanation as to how they work in practice and the ways in which they may be able to help:-
What is an interim payment and how can it help?
An interim payment is a payment made to the Claimant during the claims process by way of an advancement from the total pot of compensation the Claimant will receive at the end of their personal injury claim.
The sum received can be used to pay household bills and monthly rent or mortgage repayments as well as meet the cost of any medical treatment and / or rehabilitation costs and equipment and fund any necessary home adaptations.
Rehabilitation is a particular area of paramount importance to any brain injured individual in aiding their recovery and helping them reach their potential; although it can also prove costly.
Receiving an interim payment early on in the claims process can help cover the cost of this vital treatment and relieve any financial pressure.
How much can I claim in interim payments?
Whilst there is no restriction on the number of applications that can be made to the Defendant for an interim payment, the overall sum will be no more than a ‘reasonable proportion’ of the compensation likely to be received upon settlement of the claim.
How do interim payments impact on any final award?
The total amount of interim payments received throughout the claims process will be deducted from the final compensatory award. Therefore, whilst the sum received by the Claimant at the end of the litigation process will be smaller, the interim payments allow individuals to fund important rehabilitation and treatment with a view of helping them recover quicker.
How can I achieve an interim payment?
Interim payments are usually agreed between the legal representatives acting for either sides in the litigation process. The payments can be made very early on, before liability (fault) has been admitted by the Defendant.
The Defendant at this stage is not obliged to make any interim payment, however, it is often in the best interests of both parties for the Claimant to have funding towards rehabilitation at an early stage to aid the Claimant’s recovery.
An interim payment can also be achieved by making an application to the Court under Part 25 of the Civil Procedure Rules, however, such applications can be time consuming and costly and therefore it is usually preferential to try and reach an agreement between the parties in the first instance.
Produced by Sarah Barrett of Ashtons Legal
This article was produced by Sarah Barrett, a Solicitor in the Personal Injury Team at Ashtons Legal, who act as personal injury specialists in the East Anglian region and beyond. The Firm boasts a number of ‘leading individual’ personal injury lawyers, all of which are APIL accredited.
What is the Brain Injury Group?
The Brain Injury Group exists to support individuals and families affected by brain injury and the health and social care professionals working in this specialist field. Our mission is to provide anyone affected by brain injury with access to advice on legal, financial and welfare benefit issues delivered by proven experts in the field who have been chosen not only for their skills and knowledge, but also for their passion and dedication to helping people.
How can Brain Injury Group help you?
If you would like advice about interim payments, bringing a clinical negligence claim, capacity, managing the award of compensation or any other aspect of brain injury welfare, legal or financial advice, we have specialist brain injury solicitors and Court of Protection solicitors who can assist.
You can find full details of Brain Injury Group members on our website or there are several ways to get in touch:
- Call us on 0800 612 9660 or 01737 852203
- Email us at [email protected]
- Complete this short enquiry form and we’ll get back to you