However quickly a head injury compensation claim can be progressed, there is always going to be some delay between when you suffered your injury and when the final settlement can be achieved. There are often good reasons why it might be in your best interests to wait until certain things have been achieved before a claim is completed, such as a rehabilitation or return to work programme, or the introduction of a care or case management support package over a period of time. Often, it can take a good while even before the effects of a head or brain injury can settle down after a serious injury.
To help minimise the impact of the timescale, we always look to pursue an interim payment for our clients or more than one if and when required.
When are interim payments possible?
We can press for an interim payment when we are reasonably confident that there is an identified person or company that is legally responsible for paying compensation, and that they can be persuaded to make you a payment. This is almost always most likely to happen when there is an admission of fault by your opponent - if they dispute liability, an interim payment may not be an option until that issue has been dealt with.
An interim payment can be applied for to pay for reasonable losses or expenses which have already been incurred or in certain cases to pay for a programme of case management, rehabilitation or support that you are hoping to receive. For clients with serious physical symptoms, funding may also be needed up front to pay for accommodation alterations or equipment. Whatever your needs we will look at the situation carefully and support you in applying for an interim payment.
Our specialist support
There are a number of ways that we can support you with interim payments as well as securing these for you in the first place:
- Whilst the first interim payment is exempted for the first 52 weeks after the payment, normally all other payments will count towards your "capital" when the Benefits Agency work out your entitlement to means tested benefits. We can advise you on setting up a personal injury trust if losing benefits is likely to cause difficulties for you.
- If you need help with managing your money because of your head injury, we can advise on setting up a power of attorney arrangement for a close relative or friend to assist you. Alternately, if you need the input of the Court of Protection, we can help you with that too.
- You may have to sort out debts and payments that have resulted from being out of work and unable to earn money for a period of time. We can help you to deal with third parties if you are unable to due to your head injuries.
- If your interim payment is to pay for a programme of support, we can help you appoint a brain injury case manager to supervise your programme.
Contact us today
If you have the right to claim for damages and you are likely to be able to win your case, you should be able to obtain interim payments for your reasonable needs and expenses. If you would like further information about interim compensation payments, please use our contact form and we will do what we can to help.