When a person is hit by the misfortune of suffering with serious injuries, this is often also accompanied by money worries due to being unable to work. We will be unable to start settlement negotiations in a case where the injuries are serious because we won’t be able to accurately value the claim until you have either made a complete recovery from your injuries or your recovery has plateaued. This point could take years to reach and if you remain off work, we expect the lack of wages during this time will be a major source of anxiety for you.
We therefore offer a promise to our clients subject to the following conditions:
1. For you to qualify for our cashback promise, liability (fault) must have been admitted;
2. We must have at least one medical report;
3. The value of the case must be more than £20,000; and
4. At least 12 months must have passed since the accident.
Providing that these criteria are met, we will ALWAYS make an application for an interim payment for you. Most insurers will agree to make a partial payment where the value of the claim is substantial. If they refuse to do so, we can ask the court to intervene.
The Civil Procedure Rules set out some conditions for an interim payment to be considered. In summary these state that:
Liability must have been admitted by the defendant or judgment entered against the defendant or the court must believe that judgment is likely to be entered against the defendant at a later date;
The defendant must be insured or is a public body (like a council) or is the Motor Insurers Bureau.
How Much Can We Get?
There are no rules on the amount of interim award we can recover. If we involve the court in making a formal application, they have to follow the rule that the interim payment they order to be paid must not be more than a reasonable proportion of the likely amount of the final judgment and the court must take into account contributory negligence.
So, if one of your concerns about appointing a solicitor to handle your serious injury claim is the speed at which they will process it, our cashback promise is designed to reassure you. We will always progress your claim in an efficient manner but we will also do everything we can to take the pressure off and get our hands on some money for you in the interim.
If transferring a case from another firm, and your case meets the conditions of our cashback promise, we will make a request for an interim payment as soon as we receive your file.