We support people to establish and manage personal injury trusts for compensation and insurance pay-outs.
If you are an adult who has received compensation following a personal injury or medical negligence claim, a personal injury trust fund may be the best way to look after it. Please contact us if you think we can help advise you.
A personal injury trust (PI trust) is a way of holding funds received due to injury and ensuring they are not a barrier to accessing the means-tested benefits you are entitled to.
Named trustees are appointed to oversee the fund and must agree to how the money is spent.
It is usual to have between two and four trustees. They can include anyone aged 18 or over who can make decisions for themselves (i.e. anyone who does not have mental capacity issues). This can include the person who was awarded the funds.
Professional trustees, such as solicitors, can be used. It is also possible to name close friends or relatives.
The benefits of creating a personal injury trust include:
Expert solicitors are best placed to manage the process of setting up a PI trust for you.
You will need to decide and nominate the trustees who will be responsible for the trust and how the money held in it is spent. Trustees may include you, a spouse, some other trusted person or a professional trustee such as a solicitor. You will need at least two trustees and it is usual to have up to four.
If a professional trustee is appointed to support the management of the trust, there will usually be an additional annual fee.
As expert solicitors focusing on serious injury, medical negligence, mental capacity and education, you can trust us to get the best results for you.
We know how hard it is to deal with the harm you or a loved one has suffered. We’ll support you with empathy every step of the way.
We can help you on a no win no fee basis, meaning you don’t need to worry about funding legal costs
Our support doesn’t end after a claim. We can help you with your financial affairs after settlement and introduce you to charities and organisations that might be able to help you going forward.
As specialist personal injury, medical negligence and mental capacity solicitors we have extensive experience with personal injury trusts and can help with all aspects.
This includes:
Our expert team will be happy to provide you with some further advice regarding personal injury trusts relevant to your own specific circumstances. Please give our friendly team a call for a warm, free initial consultation.
Personal injury trusts are completely ethical and are not a legal loophole. They are an established way for people who have suffered an injury to look after compensation awards to ensure the money is there to support them as intended.
People who have suffered injuries may need to access means-tested benefits because of their injury or due to other reasons. They are entitled to do so without their compensation payments being used, which could mean the money is not then available to be spent in the way it was intended.
A trust deed sets out all the rules and obligations concerning a personal injury trust.
It must be prepared by a specialist solicitor and signed by the trustees.
If the person who is entitled to receive the personal injury award does not have the mental capacity to manage their affairs they cannot sign the necessary trust deed. Instead, they will require a deputy appointed by the Court of Protection to manage their affairs.
Some perceived drawbacks of a personal injury trust may include:
There need to be a minimum of two trustees for a personal injury trust. You can be one of them.
I honestly cannot fault Enable Law in any way. My father died in hospital whilst recovering from a routine operation. Enable Law showed expertise, empathy, professionalism and friendliness from start to finish.
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