Under normal rules in the UK legal system, the majority of settlements agreed in a personal injury claim are done so on a once and for all basis. This leaves no option to go back to insurers to claim further damages if the consequences of the injury later prove to be more serious than initially thought.
In a small number of very serious cases however, the court does have the power to make an award of something called provisional damages which can allow a claimant to go on to claim further compensation in limited circumstances.
When are provisional damages awarded?
Provisional damages may be considered in very serious personal injury cases where a claimant faces a recognised risk of future deterioration in their condition which would have a major impact on their life. For example:
– The risk of amputation of a badly injured leg;
– The risk of developing epilepsy long after a serious head injury;
– The claimant is suffering from an industrial disease such as in an asbestos claim where the claimant could go on to develop mesothelioma.
In these cases, the court can value a case based on the evidence available at the time of the trial or settlement, but will leave the door open for the claimant to ask the court to reconsider the case at a later date, if the unwanted medical setback occurs.
Awarded damages in this way gives a claimant peace of mind that should their condition become more severe, they may be able to claim further compensation to cover treatment needed, loss of earnings, and more.
Awards of provisional damages are very rare, but extremely important in cases where they do occur. And in those cases, it is essential to have the advice of a solicitor with the experience and expertise to advise about how to proceed.
Farleys Solicitors has a team of experts in personal injury claims with the knowledge to advise you on the merits of your case with regards to provisional damages. For a free consultation, please get in touch by phoning 0845 287 0939, contact us by email, or use the online chat below.
