Pre-Litigation, Interim Payments and the Importance of Financially Resilient Care Providers

In serious personal injury cases, care needs rarely wait for the legal process to catch up.

During the pre-litigation phase, claimants often experience a growing gap between what they need day to day and what can realistically be funded while liability is being established and the claim prepared. Care costs increase, support packages evolve, and families are left navigating uncertainty at precisely the point where stability matters most.

This is where interim payments - and the strength of the care provider supporting the package - become critical.

Understanding Interim Payments in Personal Injury Claims

Interim payments are advance payments of compensation made before a claim is fully resolved. They are designed to help claimants meet immediate financial needs, such as:

• Ongoing care and support

• Rehabilitation and therapy

• Specialist equipment or accommodation

• Loss of earnings
  

Under the Civil Procedure Rules (CPR Part 25), the court may order an interim payment where liability has been admitted or judgment obtained, provided it is likely that the claimant will ultimately receive a substantial sum of damages.

Leading claimant firms consistently highlight the role interim payments play in maintaining quality of life during lengthy claims:

• Slater & Gordon explain how interim payments can be used to cover care and rehabilitation costs while the claim progresses

• Irwin Mitchell note that interim payments are often essential in serious injury cases to fund care, treatment and support ahead of final settlement

• Thompsons Solicitors emphasise that there is no limit on the number of interim payment applications, provided the need can be evidenced
  

In theory, the mechanism is clear. In practice, the challenge lies in bridging the gap between need, evidence and funding, particularly pre-litigation.

The Reality of the Pre-Litigation Phase

Pre-litigation is often the most financially fragile stage of a claim.

At this point:

• Liability may not yet be admitted

• Care needs may be escalating rapidly

• Interim payments may still be under negotiation or subject to court approval
  

Yet care cannot pause. Support workers still need paying, rotas still need covering, and families still need certainty that services will continue.

This creates a difficult tension:how to maintain continuity* of care without placing unsustainable pressure on the claimant or their family. *Continuity is something we know is critical, especially in ABI cases. That is one of the reasons we pay above market rates and really work with our Support Workers to provide consistent long term care wherever possible.

Why the Strength of the Care Provider Matters

Not all care providers are positioned to support clients through this phase.

Providers operating with limited financial backing may be forced to:

• Require strict payment terms

• Reduce flexibility during delays

• Withdraw or scale back services when invoices remain unpaid
  

By contrast, a provider with strong infrastructure, experienced back-office support and financial resilience can absorb short-term uncertainty without compromising care delivery.

At Thriving, backed by over five years of experience as a specialist labour and care provider through Priority Recruitment, this flexibility is built into how we work.

Our background in complex staffing, compliance, and large-scale workforce management allows us to support care packages as partners, not just suppliers - particularly where legal and financial processes are still unfolding.

We have over a decade of experience in working with clients small and large to achieve their goals without imposing financial penalties. As a financially stable business with multiple revenue streams and great working relationships with many of the major solicitor firms and their finance teams, we brought our credit control in-house, so unlike many agencies that are limited by their invoice factoring partners, are able to provide the flexibility needed to provide the same outstanding level of care back of house, as our Support Workers do for our service users.

Case Study: Supporting a Service User Through Pre-Litigation

Context A service user with a serious injury was in the pre-litigation phase of their claim. Care needs were increasing steadily, resulting in rising weekly costs, while interim funding was still being pursued through legal channels.

The Challenge The family faced mounting financial pressure while waiting for the necessary interim payments to be secured. Immediate settlement was not realistic, yet reducing or interrupting care was not an option.

Our Approach

• We agreed to delay three months of care invoices, easing short-term financial strain

• We worked closely with legal representatives to produce detailed care records, cost breakdowns and forward projections

• We provided structured documentation designed specifically to support the barrister’s interim payment application

The Outcome The barrister was able to present a clear, evidence-led case to the court, securing the necessary interim funding without placing additional stress on the service user or their family.

Care continued uninterrupted, and financial pressure was managed sensibly while the legal process took its course.

Interim Payments Work Best With the Right Partners

Interim payments are a powerful tool - but they are most effective when supported by:

• Accurate, consistent care documentation

• Transparent cost forecasting

• Providers who understand the legal process and can adapt to its timelines

For solicitors, case managers and families alike, working with a provider that has the operational depth and financial strength to navigate pre-litigation uncertainty can make a meaningful difference to outcomes.

At Thriving, our approach reflects lessons learned from years of supporting complex, high-pressure care environments thus ensuring that care remains stable, evidence remains robust, and legal teams are supported to do their job effectively.