Serious injury compensation claims are complex and can take time to reach settlement even when liability (the issue of who is at fault) has been resolved. Claims involving life-long disability, such as from cerebral palsy, amputation or traumatic brain injury, can only be valued after the injured claimant has undergone a period of rehabilitation or, in the case of a child, until they have developed sufficiently for the full impact of their disability and their life-long needs to be assessed. During this waiting time between liability judgment and sufficient developmental or rehabilitation progress for full valuation, there may be a necessary delay in settling the claim, but we can often alleviate the injured person’s and their family’s ongoing financial hardship by applying for an interim payment. What is an interim payment? An interim payment is a part-payment of compensation that is paid by the defendant to the injured claimant whilst their claim is still proceeding. Depending on the claimant’s needs arising from their injury and the expected size of the final settlement, the interim payment may be a modest sum to cover the claimant’s injury-related financial losses, or may be substantial enough to pay for rehabilitation, specialist equipment and help with professional care, or home adaptations or a move to more suitable accommodation. The amount of the interim payment should be comfortably less than the expected total value of the claim as it will be deducted from the final settlement or compensation award at the conclusion of the case. When can an interim payment be requested during an injury claim? An interim payment can be requested once liability (fault) is established. This may be once the defendant or their insurers or NHS Resolution (in NHS medical negligence cases) has admitted liability, or a liability judgment has been secured against the defendant. In some cases, this may take place early in the claim, before proceedings have been issued. In complex or disputed claims it may follow a successful trial or application for summary judgment, or a full or partial concession of liability during the proceedings. Do I need to go to court to get an interim payment? If an injured claimant needs an interim payment and primary liability is admitted or proven against the defendant, before applying to the court the claimant’s solicitors usually ask the defendant or their insurers to make a voluntary interim payment, explaining how much is required and what it is intended for. If the defendant refuses to make an interim payment or is unwilling to pay an amount sufficient to meet the claimant’s needs then the claimant’s solicitors can apply to the court, justifying the sum requested in the context of the overall value of the claim and the reason that the interim payment is needed. The application will usually be supported with evidence relating to the claimant’s needs, such as medical experts’ reports and a witness statement. The claimant is represented by their solicitor and usually does not need to attend court for the interim payment application. If the claim relates to a child or protected party (someone who is represented by a ‘litigation friend’ in the proceedings), the court’s permission must be obtained before an interim payment is made, even if the defendant agrees to make the payment voluntarily. The claimant and their litigation friend rarely need to attend court for this hearing. At this stage of the case, if an interim payment is received or expected for a child or a protected party, it may be necessary for a Court of Protection deputy to be appointed to oversee the management of the money on behalf of the claimant. Where deputyship is needed, Boyes Turner’s clinical negligence and personal injury teams work closely with our Court of Protection specialists to ensure that everything runs smoothly for our client, and to ensure that our clients’ money is managed in accordance with the court’s requirements but remains accessible to meet their needs. What are the benefits of an interim payment in an injury claim? Each injured claimant and their family have their own individual needs and circumstances, but our severely injured clients use interim payments: to buy and/or adapt a home that is suitable for their own disability or their injured child’s needs; to rent a property whilst their existing home is adapted; to pay for specialist treatment, prosthetics, aids or equipment which are not available or accessible via the NHS; to buy a specialist wheelchair and pay for regular seating assessments; to put a care plan in place; to pay for therapies, such as physiotherapy, OT, speech and language therapy, pain management, counselling; to assist with the additional costs of caring and providing for a family member with a disability. Where an injury and disability causes a significant need for rehabilitation, care and support, or change in living arrangements, an interim payment allows the severely injured person and their family to work with a case manager, set up care, try out prosthetics (after amputation), a rented home or independent supported living whilst the case is continuing. This helps demonstrate what works for your family and clarifies what you will need long term, allowing us to claim the most suitable provision for you for the future. How have interim payments helped injured people in compensation claims? Boyes Turner’s specialist solicitors have helped countless severely disabled clients and their families rebuild their lives after medical negligence and personal injury. Interim payments form an important part of the work we do for our clients. The support we give our clients in obtaining and using interim payments ensures that they can focus on regaining their mobility and independence, or enabling their child to participate fully in family life, whilst we work to achieve the best possible settlement of their claim. You can read about some of our medical negligence and personal injury cases in which we used interim payments to improve the lives of our clients long before the final settlement of their claim: an £18.1 million hypoxic birth injury cerebral palsy claim in which interim payments totalling £2.1 million helped meet our client’s needs for care, therapies and suitable accommodation; a £7.49 million HIE cerebral palsy birth injury claim in which interim payments exceeding £2 million provided care, equipment, therapies and adapted accommodation for our profoundly brain-injured client until her long-term needs could be assessed; a £7 million ‘car-surfing’ accident claim in which interim payments of £700,000 provided rehabilitation, MDT-supported independent living, care, therapies, medical expenses and a suitable vehicle for a young man with severe brain injury disability; a £5.1 million road crash head injury claim in which interim payments of £575,000 paid for rehabilitation, case management, care, therapies and supported independent living and activities for our severely brain-injured client; a £1.8 million+ pedestrian injury claim in which interim payments enabled our client’s rehabilitation to get underway, leading to significant subsequent insurer-funded rehabilitation for our brain-injured client; a £1.3 million amputation negligence claim in which interim payments of £175,000 paid for a trial of prosthetics, case management and carer support for our amputee client. If you or a family member have suffered severe injury in a workplace accident, road collision, or as a result a medical negligence or have been contacted by HSSIB/MNSI or NHS Resolution you can talk to a solicitor, free and confidentially, for advice about how to respond or make a claim by contacting us.
