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Partner and Head of Family Law, Rugby
It can take a number of years for a life changing injury claim to conclude due both to the length of time it can take to establish liability, and also awaiting a final prognosis in terms of your condition. This is often not possible until 2 or more years post injury.
It is possible for Claimants to receive some of the compensation that they are likely to receive prior to the conclusion of the claim. This is known as an interim payment. If you have suffered a life changing injury you are likely to have suffered a loss of earnings and incurred other financial losses, for example purchasing specialist equipment or paying for therapies. Obtaining the best rehabilitation is vital and receiving early intervention through the provision of an interim payment will help to ensure that you make the best possible recovery.
As a consequence of your injury you may be unable to return to your home and a new suitably adapted property may have to be purchased or provision of a suitable rental property. Where possible we will seek to obtain a substantial interim payment to enable you to purchase or rent a suitable property. We will put you in touch with professionals, such as disability architects, project managers and case managers who will assist you in finding accommodation suitable for your needs. You may find it helpful to view our video in which our client Ify Nworkoro discusses the purchase and adaptation of his bungalow.
Where liability is admitted (i.e. the Defendant has admitted that they will be liable to compensate you) we will always strive to obtain an early interim payment. If the Defendant in your case refuses to make such a payment voluntarily we can make an application to the court who can order the Defendant to make an interim payment where:
1. The Defendant has admitted liability to pay damages;
2. The Claimant has obtained judgment against the Defendant for damages to be assessed;
3. The Court are satisfied that if the claim went to trial the Claimant would obtain judgment for a substantial amount of money against the Defendant.
The court can order that the Defendant pays a reasonable proportion of the compensation to be paid and in catastrophic injury claims this can amount to six or even seven figure payments.
If an interim payment is received it could affect your entitlement to claim means tested benefit and accordingly we will put you in touch with one of our specialist Trust lawyers who can advise you regarding setting up a Personal Injury Trust.