Someone who has suffered a serious injury because of negligent medical treatment can sometimes face the prospect of resultant financial difficulties. This can be because of the need for suitably adapted accommodation, the cost of treatment or care, loss of earnings or any combination of these factors. In such circumstances, it may be essential for them to be able to draw on part of the expected compensation before the matter is finally settled.
Civil Procedure Rules and Interim Payments in Medical Negligence Claims
Interim compensation payments are normally sought once the other party has conceded liability or if there is a reasonable chance they will be found to be at fault if the case goes to trial. The amounts receivable will depend on the circumstances and the overall value of the claim. This is because, under the Civil Procedure Rules (CPR 25.7), the ‘court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment’.
Further guidance was given, for example, in the High Court case of Smith v Bailey (2014), including the following:
‘In determining the likely amount of the final judgment, the Court should make its assessment on a conservative basis; having done so, the reasonable proportion awarded may be a high proportion of that figure...
This reflects the objective of an interim payment award, which is to ensure that the claimant is not kept out of money to which he is entitled while avoiding any risk of an overpayment.
Where a liability case is strong and the damages being sought are substantial, but there is also the prospect of a long period before conclusion, an application for an interim payment is an option for claimants to commence the process of obtaining some compensation to meet their immediate needs. As well as providing much-needed funds, interim payments can assist in the recovery process and betterment of the claimant’s quality of life, which is why we will seek interim payments wherever possible.
If you believe that you or a loved one has been the victim of medical negligence, please call for a free informal chat to see if Graystons Solicitors can help you fight for the justice and compensation you deserve. Call on 0151 645 0055 or email enquiries@graystons.co.uk