Interim Payments in Serious Injury Claims
Last reviewed: June 2026 · EA Personal Injury Solicitors
Interim payments let seriously injured claimants receive part of their compensation before the final settlement or court award, to fund urgent care, rehabilitation, accommodation and equipment. They are available once liability is admitted or a judgment on liability is obtained. We apply as early as appropriate so you have support while your claim progresses.
TL;DR — Quick Summary
Key Points
- Interim payments provide funds before the claim finally settles or goes to trial.
- Available where liability is admitted, judgment entered, or certain criteria met.
- Fund care, rehabilitation, accommodation, equipment, and lost earnings.
- No restriction on how the money is used — it's your compensation.
- Paid by the defendant's insurer; deducted from the final award.
- Multiple interim payments can be sought as needs develop.
Why Interim Payments Matter in Serious Injury Cases
Serious injury claims — particularly those involving brain injury, spinal cord injury, amputation, and other catastrophic injuries — can take years to resolve fully. Medical prognosis must stabilise, extensive expert evidence must be gathered, and complex quantum must be negotiated or litigated.
In the meantime, the injured person has immediate needs: professional care, rehabilitation, specialist equipment, accessible accommodation, and the financial impact of lost earnings. Interim payments bridge this gap — allowing the claimant to access substantial funds for these needs without waiting for the final resolution of their claim.
When Can an Interim Payment Be Applied For?
Under Civil Procedure Rules Part 25, an interim payment can be ordered where:
- The defendant has admitted liability for the claimant's claim;
- The claimant has obtained judgment against the defendant, with damages to be assessed; or
- The court is satisfied that, if the case went to trial, the claimant would obtain judgment for a substantial amount of damages against the defendant.
In practice, once liability is admitted, we act quickly to seek interim payment offers from the defendant or to make a formal application to the court.
How Much Can Be Obtained?
The court or defendant will not pay more than a reasonable proportion of the damages likely to be awarded at trial. In straightforward liability cases where the eventual award will be substantial, large interim payments can be obtained. We present a carefully supported schedule of the claimant's immediate needs to justify the amount sought.
Multiple interim payments may be made as the claim progresses and as needs change — for example, an early payment for rehabilitation, a later payment towards accessible accommodation, and further payments for ongoing care.
The Rehabilitation Code
Alongside formal interim payments, the Rehabilitation Code provides a framework for early rehabilitation funded by the defendant's insurer on a without-prejudice basis. This can secure access to specialist neuro-rehabilitation, physiotherapy, and other treatment at an early stage — before liability is formally admitted — and is not deducted from the final compensation. We engage proactively with the Rehabilitation Code in appropriate cases.