A claim for personal injury can take years to settle. You may find yourself unable to work as a result of your injuries or requiring costly treatment without the necessary funds to pay.
An interim payment can provide financial relief by allowing a payment to be paid prior to final settlement being agreed. Every claim is unique and there is no limit on the number of interim payment applications, but the total must be proportional.
An interim payment can be requested if there has been an admission of liability, i.e. the other party admits they were responsible for your injuries. Unfortunately, this could be denied or simply not responded to and an application to the Court may be required. The Court may only make an order for an interim payment where:
The other party admits responsibility or there is a reasonable chance that the other party will be found to be at fault if the case goes to trial.
There is a good reason for requesting the payment, such as rent/mortgage payments, treatment costs, adaptions to accommodation etc.
A reasonable amount has been requested and is less than the final compensation amount. The Court must take into account contributory negligence and any relevant set off or counterclaim and must not order as interim payment of more than a reasonable proportion of the likely amount of final judgement.
The amount of money you will receive as an interim payment is dependent on your case. The test for interim payments is set out in Eeles v Cobham Hire Services Limited  1 WLR 409 and your solicitor will advise you on the type of application they are making, “Eeles 1” or “Eeles 2” and what evidence will be required.
When your case settles, any interim payments received will be deducted from the final settlement.
If you would like to discuss a potential personal injury claim contact Richard Harriman by email or on 01494 521301.