Can I get interim injury compensation payments?

If you suffer immediate financial difficulty or need urgent treatment following an injury, you may be able to claim interim compensation payments in advance of your final settlement.

Find out if you would qualify for an interim payment and what else you need to know.

What is an interim payment?

Compensation claims can take months or even years to reach a settlement. During this time, you may be unable to work for a period. You may also face additional expenses such as treatment costs, or for the cost of a carer.

An interim payment is a partial settlement of your injury claim which is paid before your compensation claim is finally settled.

Any amount you receive as an interim payment would then be deducted from your final compensation award.

In what circumstances can I get an interim payment?

You could be awarded an interim payment to cover:

• The cost of necessary medical treatment
• Living costs, including mortgage payments and bills
• Necessary alterations to your property

How do I get an interim payment?

Before an application for an interim payment can be made, your solicitor will need to demonstrate that the defendant is likely to be found liable for your injury.

Solicitors are often able to negotiate an agreement of the defendant's liability without the need for a court hearing. If the defendant does accept liability, an interim payment can be paid voluntarily by the defendant or their insurance company.

If the defendant does not admit liability, your solicitor can issue court proceedings. Your solicitor can then apply to the court for an interim payment order.

See also:

How often do injury claims go to court and what if they do?

What happens if I lose a personal injury court case?

How much will I receive?

The interim payment you would receive will depend on the value of your claim and your immediate financial need.

An interim payment is intended to help you on your road to recovery. The money you receive as an interim payment is not meant to be a substitute for compensation and cannot exceed a reasonable percentage of your likely final award.

What can I spend the money on?

You do not necessarily have to explain to the defendant or the court why you need the money. In practice, however, you are more likely to receive an interim payment if you can show that you need the money to cover medical treatments and living costs.

For example, you may wish to spend the money on:

• Specialist care or therapies
• Adapting your home to accommodate a wheelchair
• Purchasing mobility aids
• Paying your mortgage and bills while you are off work

See also:

What can I claim for in an injury claim? Complete list…

Will an interim payment affect my state benefits?

Possibly. Interim payments may affect your eligibility to receive means-tested state benefits. If you receive state benefits, ask your solicitor about the impact an interim payment may have on your benefit payments.

See also:

How will a personal injury claim affect my state benefits?

Will I have to pay tax on an interim payment?

Injured people do not usually have to pay tax on personal injury compensation. As such, you would not normally have to pay tax on an interim payment awarded as part of, and in advance of, your compensation settlement or award. There are some exceptions, however.

Read more:

Will I have to pay tax on my injury compensation award?

Calculate my injury compensation

Calculating how much compensation you can claim for an injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your injury claim could be worth now.

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Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.