Provisional Award of Full & Final Settlement

In some types of personal injury cases the Claimant will be asked to decide whether they want to settle the case on the basis of a provisional award or on a full and final basis. This is a significant decision for the Claimant to make.

A provisional award can be made in cases where there is a risk that the Claimant’s injury may change, worsen or develop over future years. For instance, it is often awarded in asbestos cases where there is a percentage risk that the Claimant’s asbestosis may develop into mesothelioma or lung cancer.

In a provisional award the Claimant receives an amount of damages (slightly less than the full value of the claim) but it leaves open the option to come back for further damages should the injury change.

A full and final settlement is a settlement with the Claimant receiving the full value of the claim but they do not have the ability to come back for more damages should their condition worsen or change.

To this end, most personal injury cases are settled on a full and final basis due to the uncertainty of how an illness, disease or injury may develop.

If you need to speak to someone about a possible claim, please Contact us.