In most personal injury claims for it is only possible to recover a one-off payment by way of compensation. This will be by way of an out of court settlement or judgment at trial. This is known as a ‘full and final’ award.
In certain circumstances however, the sum required to fully compensate the injury victim will remain uncertain. As a consequence it would be unjust to make a one-off payment as this could lead to significant under-compensation. Accordingly in limited circumstances it is possible to obtain an award of ‘provisional damages’ and to seek a further award of personal injury compensation at a later date.
The limited circumstances in which provisional damages may be awarded are:-
- Where injury is sustained and there is a risk of serious future deterioration (such as the development of severe arthritis or the necessity to undergo a joint replacement);
- Where there is a risk that the personal injury victim may develop another condition arising from the original act of negligence which would represent a significant deterioration in their health (for example an individual with pleural thickening is at risk of developing a further more serious asbestos related condition such as lung cancer or mesothelioma).
It is a matter for the Court to determine whether provisional damages are appropriate and upon what terms the personal injury victim may return to seek a further award of compensation. Medical evidence will be required from an expert to identify the nature of the risks that remain and how these would affect the individual concerned. An Application will then be necessary to the Court to obtain an Order for provisional damages.
When pursuing a personal injury claim it is most important that you obtain full advice on issues such as provisional damages to ensure that you recover the compensation you deserve.
At Sintons our personal injury specialists have a wealth of experience in pursuing serious and complex accident and disease compensation claims. Accordingly we have obtained many Orders for provisional damages on behalf of our clients to ensure that they can recover the appropriate level of personal injury compensation to fully meet their needs.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.