Most types of brain injury are likely to have some degree of impact on the injured person and their family, but for those who suffer serious brain damage, the practical and financial challenges may be felt almost immediately.
For example, the injured party may be unable to earn and have rent or mortgage payments to meet, while family members may also incur lost earnings through the need to take time off work in order to help care for the injured individual's most pressing needs.
In addition, there are likely to be numerous care, medical, rehabilitative and specialist equipment costs; against this background, the financial consequences can quickly snowball, so it is essential that whenever possible those concerned are able to claim interim compensation for short-term financial assistance.
Interim payments are possible in cases when there is a decision ascribing liability to the defender but still no clear path to settling the full details of the brain injury claim. This is a relatively common situation; brain injury claims are typically complex, high value and as such can take a long time to resolve.
A long-term prognosis for the brain injury patient may take some time to determine, especially if the patient has suffered severe injuries such as diffuse axonal injury. So it will always be unwise to settle and largely impossible, to settle a compensation claim quickly.
Interim payments are about ensuring that the claimant has short-term financial assistance to meet their most pressing and immediate needs. However, in order to secure interim payments, you will need to first be sure of the following:
- That the defender has admitted liability or is likely to be found liable by a court
- That the value of any settlement you receive will exceed your claim for interim payments
Whether you need medical treatment, rehabilitation, specialist equipment, help with mortgage payments or adaptations to your home, Thompsons' brain injury solicitors can help you ensure that you have the best possible chance of making ends meet and of speeding along the recovery and rehabilitation process.
Interim payments offer another benefit: because they meet your most pressing financial needs, you will feel less pressure to settle your claim quickly and at a sum less than its true potential value.
Multiple interim payments
It may be possible to secure interim payments to assist with financial needs as and when they develop. As such, it is possible to make multiple applications for interim payments. However, short-term financial assistance can only ever be paid as a sum that represents a reasonable proportion of the likely full settlement. It is important to have the advice of an experienced brain injury solicitor so that you only ever make applications that the courts consider to be reasonable and proportionate.
Deducted from your overall settlement
Any sums of interim compensation you have been awarded will ultimately be deducted from the full and final settlement. Although this may mean that you receive a smaller lump sum payment, it also means that you have been spared the practical difficulties inherent in being without money when you need it most – borrowing money can be expensive and interim payments can help prevent you from needing to do this.
Interim brain injury compensation with Thompsons
Thompsons Solicitors is one of the largest and most respected serious injury solicitor firms in Scotland. We always put the needs of our clients and their families first and as such never represent defenders in personal injury cases.
Whenever appropriate, we will make a request to the court for interim payments in order to meet your financial, emotional and physical needs. Whether you have suffered a brain injury yourself or you are a family member, to find out more about making a claim for brain injury compensation, give us a call today on 0800 0891 331 so that you can have a discussion with one or brain injury lawyers.