Personal Injury Trust

Lifesaver · 27 December 2017 at 9:57PM

Hi
I’m hoping someone may be able to give me some advice for a friend. He was injured at work when a piece of moving equipment failed, thus caused fractured spine which wasn’t diagnosed until several trips back and forth to the A&E Dept. Since then he has also suffered with cancer but is making a good recovery from that.
Due to the injury and cancer he is unable to work and has used a no win no fee solicitor.

As my friend is on PIP any benefits will need to be paid back and the payout which may only be £25000 would affect benefits unless, he has been told, it is placed in a Personal Injury Trust
The question is does anyone know how much it may cost to set up this sort of Trust and does it have to be done by a Solicitor?
Also he has been separated from his wife for 15yrs, he would now like to get divorced but is worried the ex may have a claim on it. Can anyone advise if this would be the case?

There is no property involved and no assets, there is a child of the marriage but he is 17yrs old.

Thanks for any advice that you may have, he’s been through so much that it would be good to have something positive to tell him.

xylophone · 27 December 2017 at 11:37PM

http://www.markthompsonlaw.com/need-a-personal-injury-trust/personal-injury-trust-to-protect-personal-injury-compensation/

http://www.asdonline.co.uk/advice-centre/claim-advice-how-does-your-personal-injury-compensation-affect-your-benefits

https://www.boltburdonkemp.co.uk/news-blogs/accident-claims-blog/recoverable-benefits-personal-injury-claims/

may be worth a look.

bigbill · 27 December 2017 at 11:44PM

He should get 12 months when the lump sum is ignored.

Any PIP paid due to his injury will need paying back, not if the PIP was awarded due to his cancer.

ESA if paid will be the same.