Securing financial stability after medical negligence
Miss A faced severe health challenges due to complications from a medical negligence case. Her condition limited her ability to work, creating uncertainty about her future employment prospects. With a young child to care for, Miss A needed financial security and the flexibility to access state benefits if necessary.
At our firm, we provided tailored legal guidance to help her establish a Personal Injury Trust (PIT). This solution ensured her compensation would be protected, allowing her to retain eligibility for means-tested benefits.
Background
Our clinical negligence team successfully represented Miss A, securing a six-figure settlement. Her goal was to purchase a home near her mother to receive family support. We recommended creating a Personal Injury Trust to safeguard her compensation. Funds held within a PIT are disregarded under means-testing rules, protecting Miss A’s entitlement to benefits.
Challenges
While the settlement brought financial relief, it also posed challenges. Without proper structuring, her compensation could have affected her eligibility for state support. Additionally, the risk of needing future residential care presented further concerns regarding the protection of her assets.
Our Solution
We advised Miss A on the establishment of a suitable Personal Injury Trust, appointing co-trustees to manage the funds responsibly. When she identified a property for purchase, it became evident that the transaction had been initiated in her sole name, risking the integrity of the trust arrangement.
Our legal team intervened promptly, ensuring the property was acquired in the trustees’ names. This step preserved the property within the trust, maintaining its status as a disregarded asset. In the event Miss A requires residential care in the future, the property’s value will be protected from local authority means tests.
Outcome
Through our expertise, Miss A achieved her goal of securing a comfortable home for her and her child, close to her family. The Personal Injury Trust offers her peace of mind, knowing her financial future is safeguarded while maintaining access to essential state benefits.
If you or a loved one are navigating the complexities of a personal injury settlement, our team is here to help. Contact us for free, confidential advice on medical negligence claims and asset protection strategies.
