We often hear about people winning compensation for incidents, accidents and other situations that occurred and caused them injury or illness through no fault of their own. Generally we hear of a single payment being made as compensation that will draw a line under the case and close it as a result.
Provisional damages are different. They are sometimes applicable in negligence claims and in claims following on from injury or illness. The idea is that provisional damages do not draw a line under the claim. Some cases may warrant this type of compensation to be paid because it leaves the door open for further compensation to be fought for at a later date.
A good example would be if someone suffered a brain injury that could conceivably worsen or cause further problems later in life. In this situation it may be agreed that provisional damages would be paid initially. However the case may allow for another claim to be made at a later date if the brain injury resulted in further damage to health later on. Obviously the situation must warrant these types of damages to be applicable, as they will not apply in every single case.
Might it make more sense to sue for provisional damages in your case?
It depends on the individual nature of your case. If there is a chance your condition could worsen later on then yes, it would normally be applicable in your situation. The best way to determine if this is the case is to get professional advice from a professional injury compensation lawyer. They can assess the information available in your case to see whether this is the best way to proceed to guarantee the best result for your case. No two situations will ever be the same which is why proper advice is imperative.
If you require more advice, contact Accident Advice Helpline today
It can be difficult to understand the complex questions surrounding compensation claims. That’s why you should always consider contacting AAH as your first step forward. Our 24/7 enquiry line is totally free to call, and since you can call us at any time you can pick up the phone now to discuss your case. We may be able to support a no win, no fee* claim that will help you through this process. Get in touch now and let’s discuss your situation in confidence.
Date Published: September 19, 2014
Author: David Brown