Child's Personal Injury Compensation affecting Income Based Benefits

JackJones456

Hi, can you please help me.

My 12 year old child has suffered a life changing injury when part of a building fell on his foot, if it had fell on his head it would have killed him. The owner of the building is negligent in not maintaining the upkeep of the building. He has had to undergo emergency surgery on his foot and has lost part of his toe and toe nail as they had died. He may have to have more operations in the future.

I have been advised to make a claim for personal injury compensation, however, will any award affect my income based benefits? I have heard that any award could be put in a Trust Fund for my child when he turns 18.

Any help and advice would be very much appreciated.

Tommo1980

Someone will be along shortly with a more definitive answer, but I'm fairly certain any personal injury compensation paid out for your child would not impact your benefits.

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NeilCr

This is a good guide to trusts from an organisation which isn't one of the personal injury solicitors.

While it's about brain injuries the underlying information should help

https://www.headway.org.uk/media/2782/a-guide-to-personal-injury-trusts-factsheet.pdf

OP. It might be worth getting some legal advice on all of this. About the claim and the setting up of a trust, if appropriate.

dippy3103

If you have a solicitor acting for you in respect of this they should be able to advise the best way forward a according to your circumstances.

JackJones456

Thank you all you kind people for giving me great advice, especially the headway link.

I haven't yet spoken with a solicitor as I've been too worried about my son.

I went and took another look at the scene where the incident took place and it was a cast iron post which fell onto my son's foot. My son was near a shop on the other side of where the post was stood, it just fell off and crushed his foot and brushed the back of the head of another child as it fell. The other child had no injuries.

There were plenty of witnesses who have taken photographs and are willing to act as witnesses. One of the witnesses said she reported a cable which had fell off the building before Christmas and nothing had happened. The street where the incident happened does not belong to the council.

Anyway, once again, thanks for your kind advice. I obviously want the best outcome healthwise for my son, but feel that he should be compensated for his pain and suffering, not to mention that he will probably have to undergo further surgeries and being on income based benefits, it would be best if he is awarded compensation if it can go into a Trust Fund for him for when he turns 18.

dippy3103

Hope he is feeling better soon. Must have been terrifying for you all.

Stop_Watch

These things can take YEARS!! He may well be 18 before any payout if anything at all!

Xbigman

Solicitors are notorious for their lack of understanding of benefits. You probably want to come back here in a few years time when you have actually won a court case and ask what to do with the money? Before any court case or settlement my only advice is to keep a record of all your extra costs and ask for those back separately to any claim for your child.



Darren

Xbigman

Another point is that your child might go into higher education at which point what you did with the money would affect their finances too. It really is too early in the process to worry about all this. For now just find a solicitor willing to take this on, and keep records of everything.



Darren

JackJones456

Thanks for you replies, also for your kind wishes Dippy.

We live in a small village where everyone knows everyone, the managers of the building are coming out to inspect this morning.

I have been in contact with my local solicitor this morning who has advised me to go and take more photographs before the evidence is seized. Any CCTV must not be tampered with or erased for a month from the incident. I have an appointment to see her tomorrow.

My son is recovering, but is still in shock, he has had a partial amputation of his toe and other associated injuries to his foot and is on morphine and antibiotics.

Although it may take years to settle a case, I have never experienced anything like this or made any sort of compensation claim, therefore, it is all new to me, so thanks to everyone who has taken the time to offer their advice.

NeilCr

Xbigman wrote: »

Solicitors are notorious for their lack of understanding of benefits. You probably want to come back here in a few years time when you have actually won a court case and ask what to do with the money?



Darren

Agreed.

I had someone in at CAB a couple of weeks back in much the same situation. They had won the case and there was a compensation payment. Their solicitor had sent them to us for benefits advice.