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What are interim payments?

Finding yourself injured can have a devastating impact on both yourself and those around you.

You may find yourself worrying about your financial circumstances, when ideally you should be able to focus your efforts on your recovery.

Employer sick pay may be coming to an end and with no prospect of returning to work in the immediate future, you may struggle to find the support you need and the options available to you.

Interim payments are a type of interim compensatory award designed to help people who have been injured in accident which were not their fault, to 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 help you:-

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 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 to helping them recover quicker.

How can I achieve an interim payment?

Interim payments are usually agreed between the legal representatives acting for either side 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.

Article written by Sarah Barratt of Ashtons Legal

Ashtons legal serve clients nationwide and are based in Bury St Edmunds.

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What is the Brain Injury Group?

Brain Injury Group is a free service designed to connect those affected by a brain injury (whether there is a claim or not) to a range of experts who may be able to offer advice and assistance.

If you’d like to find out more about the work of Brain Injury Group, you are at the right place! You can follow the links below to:

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.

As well as providing legal and welfare advice, Brain Injury Group provide training for legal, health and social care professionals. View our award winning Brain Injury Group brain injury training events.

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If you would like advice about bringing a brain injury claim, capacity, deputyships, 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:

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