Using Interim Payments to Fund Your Rehabilitation

11 August 2015

After sustaining a spinal cord injury you may worry about cost of treatment and equipment required for rehabilitation or if self employed, you may worry about loss of income. You needn’t! We work hard to secure interim payments if necessary so funding for the treatment you require is one concern you don’t have. Today’s blog takes you through Interim payments.

What is an Interim Payment?

An interim payment is a payment of compensation monies received by a claimant during the course of proceedings. Usually a person who is owed compensation is required to wait until the end of the case before they can receive their compensation monies, whether this is through settlement or a Judgment from the Court. For personal injury/clinical negligence cases a claimant can obtain some payment by way of instalments or a lump sum during the process.

Why would I want an Interim Payment?

This is for a variety of reasons; one may be if the claimant is suffering from financial hardship due to the injury they have sustained. Another, which is often important in spinal cord injury cases, is that the claimant requires therapy, aids and equipment to aid their rehabilitation.

How do I get an Interim Payment?

In order to receive an Interim Payment, we can request one from the Defendant on a voluntary basis using the Rehabilitation Code. If the Defendant does not agree to forward an Interim Payment, then an application can be made to Court.

How much money can I get by way of an Interim Payment?

The amount you can claim as an Interim Payment depends upon the facts of the case. The amount of Interim Payment you receive is at the court’s discretion (if the Defendant hasn’t agreed to the voluntary amount). Weighing up personal circumstance and facts of the case, a court will decide what is justifiable as an amount to provide to the claimant and cannot be more than a reasonable proportion of the likely final amount of the compensation.

Can I apply for more than one Interim Payment?

A claimant can make more than one application for an Interim Payment. There may be a change in your material circumstance since the first application or it may just be that you need more money to fund your rehabilitation, such as the need to buy a new wheelchair, or pay a carer.

How Does an Interim Payment affect my final compensation monies?

The amount you receive is later deducted from your final settlement. This does not mean that you receive any less compensation overall, just that you are paid some of the compensation ‘up front’.

This article forms part of a series written for the Spinal Injuries Association (SIA) ‘Ask the experts’ blog. As a Gold Corporate Partner of the SIA you can rest assured that we are legal experts in spinal cord injuries. We have many connections in the Spinal Injury world and have a great deal of experience and success in gaining appropriate compensation for our clients who have sustained a spinal cord injury. Follow our #spinalinjuryjourney on Twitter.