Interim payments in personal injury claims

It may take even 2-3 years to settle a compensation claim. However, life does not stop simply because you are injured. Bills can continue to pile up and if you cannot work due to injury, you may lose everything. There is an option for those waiting to complete a claim and receive compensation. Interim payments are a significant lifeline when you have nowhere else to turn.

Interim payments are essentially advances on future compensation claims. These advances allow the claimant to maintain their accustomed way of life. The payment option is designed to cover the claimant’s basic living expenses, allowing them to focus on their recovery and their case as a whole.

Interim payments are not always available, but in many cases, they significantly simplify the process. Often, with injury claims, claimants are pressured to make hasty decisions in order to receive their payouts more quickly. However, rushed claims are not always valid, and claimants may not receive their fair share. Interim payments reduce the stress on the claimant, enabling them to make informed decisions without feeling pressured to settle.

Every injury claim is different and therefore, each interim payment option is different. Interim payments are designed to help with the management of everyday expenses and any expenses related to the injury itself. Here are some examples of how interim payments may be used.

• Private Therapy and Medical Treatments – NHS treatment is generally available for most injuries, but it is often more beneficial to seek privatized treatments and therapies to heal faster and receive more specialized care. Insurance companies often make allowances for privatized care to ensure the patient heals as fast as possible.
  
• Equipment and Rehabilitation Support – Medical equipment is often essential for those seriously injured to help in the healing and rehabilitation process.
  
• Costs for Care – A caregiver is an essential thing for those seriously injured who are unable to take care of themselves for a period of time. Costs for hiring caregivers are extremely high.
  
• Adaptations to the Home – Following an injury, alterations and adaptations to the home may be necessary for the injured party to maintain their quality of life. Interim payments help the injured individual achieve the need much faster.
  
• Loss of Supplemental Earnings – When an injured individual is unable to work, bills do not stop. Interim payments can assist with daily living expenses, monthly bills, and mortgage expenses.

An Agreement

Typically, a defendant or their insurance company will agree to interim payments. These claims can be made at any point during the claims process. The defendant is not obligated to accept the request, but many choose to proceed with an interim payment, as they are likely to pay out in the end anyway.

Appealing to the Court

If the defendant refuses to provide an interim payment, an appeal can be made directly to the court. There are some stipulations, such as the defendant admitting liability or the court believing the claimant will ultimately receive compensation. Essentially, the court can compel a defendant to make a payment before the final claim is assessed, and it will likely rule in favour of the claimant.

It is difficult to determine the exact amount of an interim payment, but it is safe to assume that it will be a reasonable proportion of the final amount. Each case is assessed individually based on the validity of the need for an interim payment and the expected duration of the trial process.

Maintaining records of expenses is essential to ensure appropriate compensation for interim payments. Naturally, the amount received as interim payments will be deducted from the final claim payment.

Navigating the complexities of an injury claim can be incredibly challenging, and if you’re injured, you don’t need the additional stress of dealing with your claim. At SilverOak Solicitors, we understand the importance of interim payments and can help you secure your fair compensation. With extensive experience in handling personal injury claims, we work directly with clients to address their needs. Whether you require assistance at home following an injury or help with medical and monthly expenses, SilverOak Solicitors can expedite the process. Contact us today, and let us relieve your stress