Friday 9 May 2014

Ask Us: How can I get money as soon as possible through a legal claim?



Many Spinal Cord Injured (SCI) people bring legal claims for compensation for their injury. I won’t attempt to explain the process of bringing a claim here – as that is a whole subject in its own right. However, as anyone who has ever been involved in a claim will know, it can be a lengthy process before it is possible to either agree settlement with the defendant, or to reach a trial where a judge will make a decision as to whether to award you compensation, and how much. 

Whilst at Bolt Burdon Kemp we will always do our best to progress the claim as quickly as possible, it is important that we properly investigate the case, and fully assess all your needs and the financial losses that should be included in the claim. 

In the meantime, for claimants who have recently been injured, you will be learning to adapt to living with your injury, and this can mean that you have considerable financial costs to pay. Often adaptations may be needed to your home before you are able to return, and you will need equipment, which may need to be bespoke, and can often be expensive. There may also be care costs and the cost of a case manager if this is necessary. On top of this, SCI clients often have to take considerable time off work following their injury, but they still have bills to pay and may have families to support. This is something that as specialist solicitors we are very aware of, and we realise how important it is to get our clients some money as soon as possible. 

The solution to this is known as ‘interim payments’ of compensation. Essentially, an interim payment is an ‘advance’ of a proportion of the total compensation that you will be paid at the conclusion of the case. 

In personal injury cases, court rules require the solicitors for both parties to consider as early as possible whether the claimant has reasonable needs which could be met by rehabilitation treatment or other measures[1]. The parties also have a duty to consider a Rehabilitation Code[2] which sets out how to identify the claimant’s needs and how to address the cost of providing for those needs. 

If you have a personal injury claim and for example were passenger in a road traffic collision, liability may be quite straightforward which makes it easier to obtain an early interim payment. In clinical negligence cases, sometimes it is harder to assess liability at the outset of the case, and we may need to obtain expert evidence first. 

However, in all cases we look to request an interim payment as soon as possible by writing to the defendant, outlining your needs and the reason why you require an interim payment of compensation. 

Often defendants will agree to make interim payments of compensation. If they do not agree, then if we have evidence of a specific need/s, we can make an Application and ask the Court to make an Order for an interim payment. 

Interim payments play an important role in helping claimants financially whilst they are adapting to their injury and waiting for their compensation claim to be fully resolved. We hope that this will give you one less thing to deal with at such an important time. 

If you have a compensation claim, then your solicitor should discuss interim payments with you, in the context of your needs, and when they will be in a position to request an interim payment from the defendant.

If you believe that you have become SCI due to somebody else’s negligence; for example due to a road traffic accident, or medical negligence, then you it is important that you seek legal advice as soon as possible, from a specialist firm  experienced in dealing with SCI claims.

Ruth Hewitt is a senior solicitor at Bolt Burdon Kemp and specialises in clinical negligence claims and has years of experience of acting for seriously injured clients. 

If you think you may have a claim, contact us online or call 0808 1596 075 for expert advice from our dedicated team.

Ruth Hewitt
Senior Solicitor
DDI +4420 7288 4810
Mobile: +447557 804715
Bolt Burdon Kemp
Providence House, Providence Place, Islington, London N1 0NT
www.boltburdonkemp.co.uk
Follow us on twitter.com/boltburdonkemp





[1] Pre-Action Protocol for Personal Injury Claims paragraph 4.1
[2] The 2007 Rehabilitation Code



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