personal injury claim

demcait

Hi im due a personal injury claim which first offer of 36,000 has been refused.14,000 for injury and 22,000 loss earnings. I'm living with my partner and two children and im still on sick.Ive been divorced over 6 years with three children under 16 they are still with the ex wife she works.I plan on putting some money into kids bank accounts for when they get older.But can any one tell me were I stand with ex wife Ive been told she might if she wanted claim some of it.I no I will have to discus this with my solicitor but was wondering if any one else can advise thanks..

foggytown

demcait wrote: »

Hi im due a personal injury claim which first offer of 36,000 has been refused.14,000 for injury and 22,000 loss earnings. I'm living with my partner and two children and im still on sick.Ive been divorced over 6 years with three children under 16 they are still with the ex wife she works.I plan on putting some money into kids bank accounts for when they get older.But can any one tell me were I stand with ex wife Ive been told she might if she wanted claim some of it.I no I will have to discus this with my solicitor but was wondering if any one else can advise thanks..

What were the child maintenance coditions of the divorce? Any financial obligations to ex-wife? If there were any maintenance or "alimony" payments to be made, did you keep them up during your sick period?

If your inability to work meant you defaulted on any payments to her then she would quite possibly have a claim for that amount against the lost earnings part of any settlement. I can't see where she would have any claim against the injury part.

Crazy_Jamie

Damages for personal injury put you back in the position that you would have been had the accident not happened. In other words, it only covers your loss. You don't 'gain' anything from damages in personal injury litigation technically speaking. As such your ex-wife wouldn't have any claim for that money that I am aware of purely because you suddenly have £36,000+ that you didn't have before, because that is not something that you have gained in the eyes of the law.

Her only claim would be in relation to child maintenance payments that you have failed to keep up whilst you have been unable to work, but as these are set relative to your earnings (and you will recover your lost earnings), I would hope that any obligation in this regard is something that you would pay in any event.

demcait

foggytown wrote: »

What were the child maintenance coditions of the divorce? Any financial obligations to ex-wife? If there were any maintenance or "alimony" payments to be made, did you keep them up during your sick period?

If your inability to work meant you defaulted on any payments to her then she would quite possibly have a claim for that amount against the lost earnings part of any settlement. I can't see where she would have any claim against the injury part.

Years age I received a letter from the csa but she contacted them and told them she was OK as she was working and that I paid direct to her.They told her they would closed the case.The kids have always been ok that way..

SolicitorMidlands

If you are in receipt of means tested benefits then the personal injury award may affect your entitlement. You should seek independent financial advice immediately with regards to setting up a special needs trust.

demcait

Thanks for your reply..