Legal Process : Damages

Interim Damages

If your opponent admits the accident was his or her fault but does not agree with the amount you are claiming, you may be able to receive some money early. Our solicitor can apply for an 'Interim Payment'. This involves the opponent paying some money to you now and then the court decides how much more you should receive at a later date. It is this interim payment that can be negotiated to obtain private medical treatment to make you better quicker (if the opponent agrees that the earlier treatment will make a significant difference to your recovery).

Provisional Damages

If our medical expert anticipates that your injury will get worse in the future, you can still accept some money now. The court will then allow you to go back to court at a later date if your injury gets worse, to seek further compensation. This is known as receiving 'Provisional Damages'.

Social Security Benefits

There is a rule that if you receive social security benefits because of your injury and then win your case, you will have to pay back to the DSS some of those benefits. You should check with our solicitor to find out if any benefits you have claimed will be deducted from your compensation. For your information, the system works as follows : Your opponent finds out from the DSS how much has been paid to you in benefits and then deducts this amount from the money they pay to you. However, since 6th October 1997, benefits can only be deducted from certain parts of your compensation. These are listed below.

1. Compensation for Loss of Earnings (from the date of the accident to the date of the trial).

   The following benefits can be deducted from your compensation: Disability Working Allowance, Disablement Pension, Incapacity Benefit, Income Support, Invalidity Pension, Invalidity Allowance, Job seeker's Allowance, Reduced Earnings Allowance, Severe Disablement Allowance, Sickness Benefit, Statutory Sick Pay (paid on or before 6/4/94), Unemployability Supplement, Unemployment Benefit.

2. Compensation for the Cost of Care (from the date of the accident to the date of the trial).

   The following benefits can be deducted from your compensation: Care part of Disability Working Allowance, Disablement Pension increase, Exceptionally Severe Disablement Allowance.

3. Compensation for Loss of Mobility (from the date of the accident to the date of the trial).

   The following benefits can be deducted from your compensation : Mobility Allowance, the mobility part of Disability Living Allowance.