In serious injury cases, it can often take several years before a claim is settled and in the meantime a Claimant will often have incurred or will need to incur substantial loss and expense. Therefore, it is essential to consider an early interim payment
The court have the power to make interim payments, providing one of the following conditions apply:-
a) There has been an admission of liability;
b) There has been a judgment obtained;
c) If the claim went to trial the Claimant would obtain judgment for a substantial amount of money from the Defendant.
The court will not order an interim payment of more than a reasonable proportion of the likely value of the claim. It is important to consider not only expenses and losses which have been incurred but also specific needs such as care, transport, aids and equipment and accommodation.
In serious injury cases, where liability is not in dispute, most insurers will agree to make a voluntary interim payment. However, if a reasonable request is refused it will be necessary to issue proceedings and to make an application to the court for an order that the Defendant make an interim payment. Macks experienced personal injury team have years of expertise in making successful interim payment applications.
There is no limit on the number of applications that can be made as a client’s needs may change during the course of the claim.
In assessing the amount of an interim payment, a court will consider the likely amount of a final judgment leaving out future losses and will then award a Claimant a reasonable proportion of that figure.
Interim payments can help alleviate stress and financial hardship following an accident. They can enable the Claimant to receive the care, equipment and accommodation that is required to maximise their recovery and to maintain their pre-accident lifestyle.
At Macks we view obtaining interim payments as an essential part of the service we provide to our clients. We appreciate what a difference an early payment can make to an injured person and leave no stone unturned in securing such payments as quickly as possible.