A serious injury can place you under enormous financial pressure, often at the very time when you are least able to work and most in need of medical treatment. Personal injury claims can take months or even years to resolve, and waiting for a final settlement while bills are mounting is a difficult position to be in. Interim payments exist to address this. They allow you to access part of your compensation early, so that you can pay for treatment, cover living expenses, and begin your recovery without unnecessary delay. At Michael Boylan Litigation, we prioritise securing interim payments for our clients in serious injury cases, because we believe that access to early rehabilitation should not depend on how quickly a legal process concludes.
What Is an Interim Payment?
An interim payment is a partial payment of compensation made to you before your personal injury claim is fully settled or decided by a court. It is not a loan, and it is not an additional payment on top of your final award. It is money paid on account of the compensation you are expected to receive at the conclusion of your claim.
The payment is made by the defendant (the party responsible for your injury) or, more commonly, by their insurance company. The amount paid is then deducted from your final compensation award. This means that your overall entitlement to compensation is not reduced by receiving an interim payment. You simply receive part of it sooner.
Interim payments are most commonly made in cases involving serious or life-changing injuries, where the financial needs are significant and the claim is likely to take some time to resolve.
How Interim Payments Work in Ireland
In Ireland, interim payments in personal injury cases are typically agreed between the parties (through their solicitors and insurers) rather than arising under a specific statutory provision. Where liability has been admitted by the defendant or their insurer, or where it is clear that liability will be established, your solicitor can negotiate an interim payment to meet your immediate needs.
The key conditions that usually need to be in place are:
Liability is admitted or clearly established: The defendant or their insurer has accepted responsibility for the accident, either fully or in part.
The claim has significant value: Interim payments are most common in cases involving serious injuries where the final award is expected to be substantial.
There is an immediate financial need: You require funds now for medical treatment, rehabilitation, care, living expenses, or other costs directly arising from your injury.
If the defendant's insurer is unwilling to agree to an interim payment voluntarily, your solicitor can apply to the court for an order. In practice, most interim payments are agreed by negotiation without the need for a court application, particularly in cases where liability is not in dispute.
What Can an Interim Payment Be Used For?
An interim payment can be used to cover any reasonable expense or need that has arisen as a direct result of your injury. Common uses include:
Medical treatment: Private consultations, surgery, diagnostic scans (such as MRI or CT scans), and medication.
Rehabilitation: Physiotherapy (treatment to restore movement and strength), occupational therapy (support to help you manage daily tasks), speech and language therapy, and psychological counselling.
Care costs: Hiring a professional carer or home help if you need assistance with personal care, mobility, or household tasks.
Aids and equipment: Wheelchairs, crutches, prosthetic limbs (artificial replacements for lost limbs), orthotics (devices that support joints), or communication aids.
Home adaptations: Installing ramps, stairlifts, wet rooms (fully waterproofed bathrooms with level-access showers), or widening doorways to accommodate a wheelchair.
Vehicle adaptations: Modifications to a car so that you can travel safely as a driver or passenger.
Living expenses: Mortgage or rent payments, household bills, and other essential costs if you are unable to work because of your injury.
Loss of earnings: Covering the shortfall in your income during the period when you cannot work.
The key principle is that the interim payment should be used for needs directly connected to your injury and recovery.
Why Early Rehabilitation Is Important
One of the most important uses of an interim payment is to fund early rehabilitation. Research and clinical experience consistently show that the sooner you begin appropriate treatment, the better your long-term recovery is likely to be. Waiting months or years for a claim to settle before accessing treatment can mean missing a critical window for recovery.
Early rehabilitation may include:
Physiotherapy: To restore movement, reduce pain, and rebuild strength after injuries such as fractures, soft tissue damage, or surgery.
Occupational therapy: To help you regain the ability to carry out everyday activities such as dressing, cooking, and working. This is particularly important after serious injuries such as spinal cord injuries or acquired brain injuries.
Psychological support: Counselling or therapy for conditions such as post-traumatic stress, anxiety, or depression that can develop after a traumatic accident.
Speech and language therapy: If your injury has affected your ability to communicate or swallow, which can occur after head injuries or neurological damage.
Pain management: Specialist treatment to help manage chronic pain (ongoing pain that persists beyond the normal healing period), which may include medication, injections, or specialist physiotherapy.
At Michael Boylan Litigation, we view early rehabilitation as a central part of the claims process, not something that should wait until the legal aspects are resolved. Securing funding for treatment as early as possible is one of our priorities in every serious injury case.
How Many Interim Payments Can You Receive?
There is no limit on the number of interim payments that can be made during the course of your claim. In cases involving serious or ongoing injuries, it is common for multiple interim payments to be agreed at different stages as your needs evolve. For example, an initial payment might cover immediate medical treatment and care, while a later payment might fund home adaptations or specialist equipment once the full extent of your needs becomes clearer.
Each payment is deducted from your final compensation award, and your solicitor will ensure that the total amount received in interim payments remains a reasonable proportion of the compensation you are expected to receive. This protects you from any risk of overpayment.
Will an Interim Payment Affect My Final Compensation?
No. An interim payment does not reduce the total amount of compensation you are entitled to. It is simply an early release of part of that compensation. When your claim is finally settled or decided by a court, the interim payments you have already received are deducted from the total, and you receive the balance.
For example, if your final compensation award is €500,000 and you have received €100,000 in interim payments during the course of your claim, you would receive the remaining €400,000 at settlement. The total compensation remains the same.
Your solicitor will ensure that interim payments are carefully managed throughout the process so that they do not create any difficulties at the point of final settlement.
The Role of Your Solicitor
Securing an interim payment requires proactive legal representation. Your solicitor's role includes:
Assessing your immediate needs and identifying the areas where early funding will make the greatest difference to your recovery.
Gathering supporting evidence, including medical reports, care assessments, and financial documentation, to justify the payment.
Negotiating with the defendant's insurer to agree to the payment as quickly as possible.
Applying to court if the insurer is unwilling to agree voluntarily.
Managing interim payments to ensure the total remains appropriate and does not create any issues with your final award.
Frequently Asked Questions
When can I apply for an interim payment?
You can request an interim payment once liability has been admitted or where it is clear that the defendant will be found responsible for your injury. In practice, your solicitor may begin negotiations for an interim payment early in the claims process, particularly in cases involving serious injuries where the need for treatment and financial support is urgent.
How quickly will I receive an interim payment?
The timing depends on the circumstances of your case. Where liability is admitted and the insurer agrees to make a payment, the process can be relatively quick. In straightforward cases, an interim payment may be agreed within a matter of weeks. Where a court application is required, the process may take longer, but your solicitor will work to progress it as efficiently as possible.
Can I receive an interim payment if liability has not yet been admitted?
It is more difficult but not impossible. In some cases, an insurer may agree to fund specific rehabilitation treatment on a without prejudice basis (meaning without formally accepting responsibility) because early treatment benefits both parties. Your solicitor can explore this option with the defendant's representatives.
Does accepting an interim payment mean I am settling my claim?
No. Accepting an interim payment does not settle your claim. Your claim remains open, and the interim payment is simply an advance on the compensation you will ultimately receive. You retain the right to pursue your claim to its full value.
What types of injuries qualify for interim payments?
Interim payments are most commonly associated with serious or life-changing injuries, such as traumatic brain injuries, spinal cord injuries, amputations, severe fractures, and multiple injuries. However, any case where there is a clear need for early financial support and liability is established may be suitable.
Get in Touch
We understand that a serious injury affects every part of your life, and that financial uncertainty only adds to the burden. If you have been seriously injured and would like to discuss your situation, please contact us today. We are here to help.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
