Provisional damages and compensation

Provisional damages are a type of compensation awarded in a growing number of personal injury or medical negligence claims.

Compensation for a personal injury is traditionally awarded as a lump sum at the end of a successful claim, closing the case and leaving the claimant with no opportunity to re-open the case should their injuries worsen.

An order for provisional damages in the final settlement ensures claimants who have not fully recovered from their injuries can seek further compensation should their situation worsen.  

During the tens of thousands of personal injury compensation claims we successfully run each year, we’re often asked by clients what provisional damages are, how it applies to their case and what it means for them over the long term. Here we explore some frequently asked questions about provisional damages and compensation. 

Frequently asked questions about provisional damages and compensation claims 

What are provisional damages?

Provisional damages are awarded to claimants in cases where the defendant has accepted they are to blame for the accident or disease, and the claimant has not yet made a full recovery from their injuries, and are unlikely to recover from their injuries in the foreseeable future.

This could include injuries with a risk of deterioration, for example if the claimant has an industrial disease, or if there is a risk that a new condition could arise as a result of the original injury, for example if a claimant develops epilepsy following a head injury.    

What is provisional compensation? 

Provisional compensation is another name for provisional damages, and is a type of compensation awarded to claimants whose injury has a measurable chance of ‘serious deterioration’ or resulting in a secondary ‘serious disease’.

Will I receive provisional damages for my personal injury claim?

Typically, the sort of cases where provisional damages are awarded are where the injuries or illnesses have the potential to get progressively worse.

This is particularly common in asbestos compensation claims where people have developed illnesses such as asbestosis and pleural thickening as a result of asbestos exposure. Asbestosis and pleural thickening can get progressively worse and, in some instances, develop into the often-fatal asbestos-related cancer, mesothelioma. If this happens, then clients are able to re-open the case and make a further claim for mesothelioma compensation. 

What are the benefits of provisional damages?

Provisional damages give injured people peace of mind that should their condition worsen, they will be able to go on to secure additional compensation. 

Read how we helped a client suffering from pleural plaques and pleural thickening secure provisional damages should his condition deteriorate.  

I still have questions about elements of making a personal injury compensation claim – what do I do?

If you have any further questions about your personal injury, Thompsons Solicitors’ personal injury lawyers have decades of experience helping people in a range of claims and can provide you with advice on what type of compensation you can pursue. Give our friendly legal enquiry team a call on 0800 0 224 224 for more advice on starting a compensation claim following a personal injury.