Compensation and Interim Payments
Thank you very much for all your hard work, especially as the outcome is better than expected. Can't thank you enough.
Shana, Wiltshire
Generally, awards of compensation are divided into two separate categories namely general damages and special damages.
General Damages
General damages are awarded for pain, suffering and loss of amenity. In short, they are designed to compensate a Claimant for the initial injury together with ongoing suffering. The loss of amenity aspect is designed to compensate a Claimant being unable to pursue the kind of life he or she enjoyed prior to the accident or could have expected if the accident had not occurred. In addition when military careers are lost or impaired, an additional award called "loss of congenial employment" represents the career fulfilment aspect to a vocation which is more than "an average job."
Awards are decided by reference to previously decided cases and guidelines published by the Judicial Studies Board. Catastrophic injury cases tend to be found at the more severe end of the spectrum.
Special Damages
Some claims are compared to lottery wins and others seem trivial in comparison. Why is there such a difference? Perhaps surprisingly, all claims are valued using the same basic principles. Special damages generally make the difference between cases and account for the higher awards. There is no tariff system for civil awards and no generally accepted amount for a particular type of loss. It is important to remember that each case is decided on its own facts.
Areas of loss and expense include the following:-
- The cost of past and future care and assistance
- Therapies and medical equipment
- Adapted accommodation and increased purchase costs of accommodation suitable to a disability
- Adapted transport
- Aids and equipment
- Loss of past and future earnings
- Cost of Court of Protection or financial advice
- Out of pocket expenses
- Increased holiday costs
Items of loss and expense are usually valued with the help of independent experts who individually assess a Claimant's needs and prepare recommendations and costings.
Each case is different from another. For example, one person with mild brain injury may require minimal care and assistance, perhaps in the region of 15,000 per annum whereas another person may require 24-hour care, which can cost 100,000 per annum at least. It is these variations that cause differences in the amounts of money awarded.
Interim Payments
'How can this improve my quality of life and when can they be negotiated?'
In some cases the Defendant admits liability and causation without the need for a trial. Sometimes the admission is received early on in proceedings and if so, an interim payment may be obtained. Interim payments may be payable if:
- The Defendant is a public body or Insurance Company who indemnifies a Private Company, Individual or Public Body.
- Liability and causation are not in issue
- The interim payment is a reasonable proportion of the overall likely award and necessary to meet injured persons financial, physical, emotional and rehabilitation needs.
Interim payments can be obtained in cases where the Defendant has been identified and an admission of liability has been negotiated. It could be the MoD, the CICA, an individual, company or insurance company.
If the claim is worth for example, 2 million up to 500,000 (in some circumstances more) can be obtained as an interim payment.
What Can It Be Spent On?
Usually, a Claimant must justify the amount required to the Court when making the application. Usual items include adapted accommodation, setting up a care regime, aids and equipment (eg wheelchair, specialist bathroom equipment) and adapted vehicles. This can also include loss of earnings, which provide for a lifestyle the injured person and their family were used to enjoying before the injury. It is important to remember that even though a Defendant may provide an interim payment to purchase these items, the burden is still upon the Claimant to prove the need for those items at trial or earlier settlement. It is therefore important that you provide proof of purchase of items or financial loss and liaise closely with your solicitor to ensure your compensation is maximised and that your and your family's lifetime needs are met.
Talk to an expert about making a claim
Call us on 0870 024 0558 or fill in our claim form and we will get back to you.