Interim payments in a personal injury claim

Serious injury claims can take a long time to conclude, because the full extent of the injury and future losses must become clear before the claim can be valued. That delay can be financially crippling for someone who can't work and faces treatment costs. Interim payments exist to bridge that gap. Here's how they work.

One thing to be clear about from the outset: we are an independent information service, not a law firm and not a firm of solicitors. Nothing here is legal advice about your own situation. For that, speak to an SRA-regulated solicitor or use the official sources we signpost below.

What an interim payment is

An interim payment is a part-payment of compensation made in advance of the final settlement or trial. Rather than waiting until the whole claim is valued — which in a serious injury can be years, while the prognosis settles — you receive money now to meet pressing needs. The payment is an advance against your eventual award: when the claim concludes, the interim sums are subtracted from the total, so it doesn't increase what you ultimately receive, it just brings some of it forward.

When you can get an interim payment

Interim payments generally become available once liability is admitted by the defendant, or where the court is satisfied you would clearly win and recover a substantial sum. Under the Civil Procedure Rules, a defendant (usually their insurer) can agree to a voluntary interim payment, or the court can order one if they refuse and the conditions are met. The court won't order more than a reasonable proportion of the likely final award. If liability is still disputed, an interim payment is unlikely until that's resolved — see our how long a claim takes guide.

What interim payments are used for

Interim payments typically help with the immediate financial impact of a serious injury: replacing lost income, funding private treatment and rehabilitation that speeds recovery, paying for care and support, adapting a home or buying equipment, and covering day-to-day costs while you can't work. Early rehabilitation funded this way can genuinely improve outcomes. These are the same heads that later form your special damages, brought forward to when you actually need them.

How they affect the final award

Because an interim payment is an advance, every pound is deducted from your final compensation. It does not add to or reduce the total value of the claim — it simply changes the timing. Courts are careful not to order interim payments that could exceed the likely final award, to avoid overpayment. Your solicitor will keep a running account so the final settlement correctly reflects what has already been paid. For the bigger picture see our compensation explained guide.

How interim payments are requested

In practice your solicitor will request a voluntary interim payment from the defendant's insurer once liability is admitted, setting out your needs and the evidence for them. If the insurer refuses or offers too little, the solicitor can apply to the court for an order. Good evidence of your losses and needs — medical reports, care assessments, proof of lost income — is what supports a request. This is one of several practical reasons a serious claim benefits from experienced representation, usually on no win no fee.

Frequently asked questions