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Legally Speaking

How can you secure an advance payment for special damages after an accident?

An advance payment refers to a partial payment of the money owed to you by the at fault party due to the accident.

These payments specifically cover “special damages”, which are out-of-pocket losses, like lost income, incurred as a result of the accident.

To obtain an advance payment, a Judge will need to be satisfied that:

  1. The other party is at-fault for the accident.
  2. The special damages being claimed were caused by the accident.

Important considerations include:

  • If there is any doubt about whether you are entitled to the money, it is likely that no amount will be awarded, or the award will be very small.
  • The amount of any advance payment is likely to be less than your full loss.
  • The Judge receives a limited amount of evidence which tends to limit the amounts ordered unless it is very clear what the loss is.

At Correia & Collins, we frequently request (and receive) advance payment for our clients. When needed, we go to court to obtain advances. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.