Council Compensation Claims

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Council Compensation Claims

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Council Compensation Claims

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We work in partnership with National Accident Helpline, the UK's leading personal injury experts.

Council Compensation Claims

Free, no obligation advice

Not sure if you have a valid claim? Contact us for free advice, with no obligation to proceed.

Council Compensation Claims

No win no fee guarantee

No win no fee takes the risk out of making an injury claim. If you lose your case, you don't pay a penny.

Council Compensation Claims

Talk to the experts

We work in partnership with National Accident Helpline, the UK's leading personal injury experts.

What are interim payments in personal injury claims?

Interim payments are crucial financial support available to people who have suffered an injury due to someone else’s negligence and have started a compensation claim. You can request these payments at any stage of the claims process and as often as necessary. If the defendant refuses to make interim payments, the court can order such payments to be made if you meet the requested conditions.

When applying for an interim payment, it’s crucial to provide evidence of your specific financial needs. These payments are strictly intended to cover immediate needs, such as medical treatments, the cost of daily living, or care costs, ensuring that you can focus on your recovery without financial stress.

To discuss your case with an experienced legal adviser and learn more about what interim payments are, call 0800 678 1410 or enter your details here for a free consultation.

What is an interim payment?

An interim payment is a sum of money advanced to the claimant from the total pot of compensation before the final settlement of a claim. These payments, which are non-taxable, are designed to provide immediate financial relief, helping to cover the expenses and losses incurred as a result of the injury or accident. They can be requested at various stages of the claims process. They are typically used to cover medical expenses, rehabilitation costs, or lost earnings, offering a sense of security during a challenging time.

It’s important to understand that interim payments may impact your eligibility for means-tested state benefits, such as Universal Credit, Housing Benefit or Jobseeker’s Allowance. However, your solicitor will be there to guide you and can help set up a personal injury trust in your name. This trust ensures that your compensation will not be considered when assessing your benefits eligibility, providing you with peace of mind and financial security.

Vice versa, if you applied for benefits following your injury and already received financial assistance from the government, this can reduce the amount of interim payments you can claim.

interim payments

Interim payment examples

Interim payments are designed to assist with immediate needs before the final judgment of a personal injury claim. They can be crucial financial support, especially for those who have been seriously injured and can no longer work. However, you can only request such payments for specific purposes, such as:

  • Medical costs related to the injury, such as private hospital bills, surgery, or medication costs;
  • Cover your lost earnings if you have been unable to work following the accident or have lost income due to reduced hours;
  • Pay for ongoing rehabilitation or therapy costs;
  • Make any necessary adaptations to your home or vehicle to help with your injury;
  • Pay for the care and assistance you require, whether at home or in a care facility;
  • The cost of travelling to and from medical appointments;
  • Any other immediate financial needs resulting from the injury.

As a general rule, interim payments do not include compensation for the pain and suffering incurred due to the defendant’s negligence. Based on your circumstances, you may choose to request a single payment or multiple payments throughout the claims process.

Why should I claim interim payments?

Interim payments can be essential if you have suffered severe injuries and are having financial issues as a result. Their purpose is to put you in a similar economic position to the one you would have had if the accident had not occurred. If you’re facing financial difficulties due to someone else’s fault, an interim payment can help cover essential expenses like medical bills, rehabilitation, or the cost of daily living.

With this financial support, you can maintain a certain quality of life during the claims process. It can help reduce the stress and anxiety associated with financial strain and allow you to focus on your health. You can also pursue the necessary medical treatments without delay, speeding up your recovery process and improving your overall health outcome.

Receiving interim payments can also strengthen your position during the claims process. By addressing your immediate financial needs, you may be less inclined to accept a lower settlement offer and will fight to negotiate the maximum compensation you are entitled to.

How do I apply for an interim payment?

If you have started a personal injury claim and want to request interim payments, you first need to consult with your lawyer. They will assess what costs you have already incurred based on evidence, such as receipts and invoices, and anticipate any further you are likely to incur before the claim settles. If they believe an interim payment is suitable for you, they will make a request in writing to the defendant or their insurer. The application for an interim payment must be supported by evidence with regard to the following:

  • The sum of money you are seeking;
  • The specific items or issues for which the payment is requested;
  • The anticipated final compensation payment;
  • The reasons why you believe you satisfy the necessary conditions to claim interim payments;
  • Details of special damages and past and future financial losses related to your injuries;
  • Any other relevant information;
  • For claims under the Fatal Accidents Act 1976, details about the individual(s) on whose behalf the claim is filed and the nature of the claim.

The other side and the court will expect to receive compelling and relevant evidence, such as medical records, an immediate needs assessment, financial documents showing your expenses or expert testimony. By presenting this evidence, you can prove why an interim payment is necessary and justified in your case.

Will I get an interim payment as part of my compensation claim?

Whether you will get interim payments as part of your claim will depend on the circumstances of your case. While you could theoretically ask for an interim payment regardless of the type of claim you make, they are typically reserved for cases involving severe injuries, such as:

Such claims usually take many months or years to settle, during which you may need financial help to aid recovery and cover your expenses, especially if you can no longer work. Even if you suffered a less severe injury, your solicitor will assess your situation and advise you on whether it is appropriate to request an interim payment. If an interim payment is warranted, they will submit a formal request to the defendant or their insurer, outlining the reasons for the request and providing supporting evidence.

If the other side denies liability, they will not pay out. Sometimes, the defendant may be unwilling to make interim payments even when they have admitted liability for your injuries. In such cases, your lawyer can argue your claim and apply for a court order to get an interim payment on your behalf. However, if you eventually lose the case, you will have to repay all the money you received from the other party.

When will the court make an order for an interim payment?

As stated above, if the defendant refuses to make interim payments to you, your lawyer will apply to the court to order them to pay you. The court will order an interim payment to be made if you meet the following criteria:

  • The other party has admitted liability for your accident and injuries;
  • You have obtained a judgment against the other party for damages to be assessed;
  • A potential court case or trial is likely to go your way;
  • If the case involves multiple parties, the court is satisfied you will obtain a compensation payment for at least one of them – as long as they are all insured or a public body;
  • There are good reasons for you to request an interim payment, such as urgent medical bills or care costs;
  • You are applying for a reasonable amount that is less than the total compensation pot you are seeking.

If you request multiple interim payments, the court must approve each one of them based on these criteria.

How long does it take to receive an interim payment?

The time it may take to receive your payment can vary depending on various factors, such as the other party’s responsiveness and the court’s schedule if litigation is involved.

In cases where the defendant admits liability and everything is straightforward, interim payments can be arranged relatively quickly. They are typically paid three to six weeks following approval or a court order, but your lawyer can push to get things moving quicker if you need the money sooner.

However, in more complex cases or if there are disputes over liability or the amount of the interim payment, it may take longer to reach an agreement or obtain court approval for the payment to be processed.

How much could I get as an interim payment?

Interim payments are typically intended to cover immediate financial needs, such as medical expenses or loss of earnings, until a final settlement is reached. The amount you could request will depend on your specific circumstances and the severity of your injuries.

There is no limit to the sum you can ask for as long as it is a reasonable proportion of the overall compensation settlement you could be paid once your claim settles. Also, there is no limit on the number of payments you can claim to cover your financial expenses.

Your personal injury solicitor will be able to advise on what is a reasonable amount you could seek based on things like:

  • Medical costs for treatments and rehabilitation
  • The cost of care and assistance with daily tasks
  • Loss of income
  • Any adaptations to your home or vehicle you may need to accommodate your injury
  • The cost of medical aids

For example, it may be reasonable to ask for an interim payment of £20,000 if you suffered a severe injury such as an amputation. But it would not be reasonable to do so if you suffered a minor ankle sprain.

How do interim payments affect the final compensation settlement?

Interim payments are provided to claimants to cover immediate financial needs resulting from the injury, such as medical expenses or lost earnings. However, they are considered part of the overall payment and will be deducted from the final compensation award. When the final settlement is reached, the total amount of interim payments received will be subtracted from the agreed-upon compensation.

For example, if your case is valued at £100,000 and you receive two interim payments of £10,000 during the claims process, you will get £80,000 as your final settlement payment. This ensures you do not receive double compensation for the same expenses.

While your final settlement will be lower, you will not get less money overall. As a matter of fact, many claimants prefer to receive periodic payments rather than one big lump sum, as it helps cover costs as they come up, without needing to put off treatments or rehabilitation until the claim is over.

Is there a time limit to apply for an interim payment in personal injury claims?

There isn’t a specific time limit to apply for an interim payment in personal injury claims or a limit on the number of applications you can make. Once the defendant admits liability or you have enough evidence to ensure you will likely win a court trial, you can begin your application. That said, if you have immediate financial needs, it is best to request an interim payment as soon as possible after liability has been admitted or established.

Nonetheless, it is essential to start your personal injury compensation claim within the time limit, as dictated by the Limitation Act 1980. This limit is typically three years from the date of injury, with a few exceptions:

  • In child injury claims, the three years only begin on the child’s 18th birthday, from which they have until turning 21 to start a claim.
  • There is no time limit for a litigation friend to start a claim on behalf of an injured person who lacks mental capacity (due to a brain injury, PTSD, or another condition).
  • There is a two-year time limit to start a claim through the CICA following a criminal assault.

If you want to talk to an experienced legal adviser and ask them more about what interim payments are and how they work, please call 0800 678 1410 or request a call back. They will offer you a free consultation and answer all your questions.

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