Interim Payments in Personal Injury & Clinical Negligence
Legal claims for compensation in personal injury and clinical negligence can be complex and protracted. For the victim suffering life-changing damage, it can be a trying time - physically, emotionally and financially - whilst they await the outcome of their case. Interim payments against the expectation of compensation can ease their difficulties.
In what seems likely to be a protracted case, the defendant will sometimes agree to make an interim payment to the claimant. This is effectively a partial payment in advance of the final settlement.
A successful request for an interim payment is more likely in the following circumstances:
- Where liability has already been admitted by the defendant and it is clear that, to some extent at least, the claimant will be awarded compensation
- There is evidence of need from the claimant
- Where the case may be especially protracted and the claimant may have to wait years for their compensation
- It is a high value case and there is little danger that the final settlement will be less than any interim payments
- The awarding of interim payments is probably more likely in personal injury claims where there may be less dispute over liability than in clinical negligence claims
It is, however, far from straightforward and there may a number of reasons why an interim payment is not awarded:
- The defendant may not agree to the amount requested, especially if it is felt that the final settlement may be low - i.e. less than or close to the amount requested
- Although the defendant may have admitted breach (that an error has been made), causation (whether the error caused the claimant's problems) may still be in dispute
- The defendant may argue that the case is both complex and controversial and that the claimant should wait until the dispute is fully settled
If the course of the claim alters dramatically and the final settlement is less than the accumulated interim payments, it is possible that the claimant will be asked to repay money. Or, at best, the claimant will not receive a final payment because they will already have received the equivalent of their full award in their interim payments.
The claimant can make a request for voluntary payment of an interim amount but, if this is not successful, they can make a formal application via the court. This does not, however, guarantee the success of the application. The request may be rejected by the judge.
Even where the defendant agrees to a payment or is instructed to make an interim payment, there can be significant delays in the transmitting of funds.
Medical Negligence
If you have been the victim of substandard medical care, you may be able to make a claim for compensation for your pain and suffering.
Glynns Solicitors is a specialist medical negligence practice and we would be happy to discuss your experience with you.
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