Interim Payments: Why they are Important and What You Could Claim for

What is an interim payment of damages?

An interim payment is a part payment of compensation that can be sought by the Claimant in advance of any settlement agreement with the other side. Interim payments are particularly useful in clinical negligence cases due to the considerable amount of time that cases can take before they settle due to delays in obtaining medical evidence, difficulties with negotiation, and lengthy court procedures.

A Claimant who is severely injured due to an incident of negligence will require immediate rehabilitation and treatment but may not always have the means to afford it. Poor prognosis may mean that the Claimant is unable to wait until settlement to pay for their treatment. In these circumstances, an interim payment is essential as it allows the claimant to obtain the treatment and equipment that they desperately need in a rapid timescale.

Claimants who have endured a significant brain injury from incidents such as road traffic accidents, or hypoxia during birth may find an interim payment to be especially useful as it allows them to access the money that they require for treatment or rehabilitation therapies quickly.  Ultimately it may assist with their recovery and allow them to ‘mitigate’ or lessen the ill effects of the injury.

An interim payment can be requested at any time during the process of the claim, provided that the Claimant can demonstrate that the payment is necessary, and it is reasonable for them to receive it in advance of the final damages award. There are limits to how much money the Court can provide by interim payment; they may not order an interim payment of more than a reasonable proportion of the likely amount of final damages. The past losses/losses to date of the Claimant will be prioritised over and above future losses and the need for future accommodation and assistance.

The application for an interim payment must clearly indicate the sum of money required, how long the money is needed for, and how the money will be spent. For example, an application for an interim payment of home carers must clearly indicate the cost of care, how often the carer will need to be present, how many carers will be needed, and the amount of time the care is required.

Multiple applications for interim payments may be made throughout the case, provided that they are necessary and reasonable. It is also possible to provide interim payments to the Claimant through instalments, for instance, this would be useful for a Claimant who is seeking an interim payment for rental instalments.

Examples of what an interim payment may be claimed for:

-          Housing and adaptations

-          Aids and equipment

-          Carer support

-          Rehabilitation Therapies

-          Transport

Accommodation:

When considering an interim payment for accommodation, it is important to consider:

-          The suitability and security of the current accommodation, for instance is it easily accessible for the Claimant’s mobility level?

-          The Claimant’s preference to be close to family and friends- this will impact on the location of the accommodation required.

-          Care: Does the Claimant require specialised care from carers? What is the level of care required, is a live-in carer required?

-          What aids and adaptations are needed for the Claimant’s accommodation – does the home require adaptation?

The interim payment can then be used to ensure that the Claimant is provided with suitable accommodation after their accident.

Rehabilitation Therapies:

There are many opportunities for rehabilitation that can be sought via an interim payment, such as:

-          Neuropsychology

-          Occupational Therapy

-          Neuro-physiotherapist

-          Speech and Language Therapy

-          Music Therapy

-          Art Therapy

-          Sensory Integration OT

-          Hydrotherapy

These therapies are extremely helpful in rehabilitation and contribute to the re-integration of the brain injured Claimant in society.

Ongoing Development and Innovation

A new brain and spinal injury research centre, The Cambridge HealthTech Research Centre at Addenbrooke’s, has recently opened to help improve care for people with brain and spinal injuries by developing technology to help both treatment and recovery. One example of a technology-based company working at the Centre is NeuronGuard Ltd, which is currently developing a portable device to help control the temperature of brain injured patients. It is hoped that the technologies found by the new centre will be rolled out nationally to help brain injured patients. It is the development of technologies like these which are central to the rehabilitation of brain injured clients, and once rolled out for patient use, can serve as an example of what an interim payment could be used for in the future.

Our clinical negligence team are experienced in dealing with a variety of brain injury cases. If you or your family member have experienced a brain injury arising out of clinical negligence, do not hesitate to contact us on 0800 037 4625.