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An injury may be psychological or physical, so you may be able to get compensation for distress or upset after an accident as well as for a physical injury.
You can only claim compensation for an injury if a person, company or some other organisation is at least partly to blame. You will not be eligible for compensation if the accident is deemed to be wholly your own fault.
For a claim to succeed, another person or organisation must have been careless about the way something was:
- not done, when it should have been; or
- made or repaired.
If the person or organisation was careless (‘negligent’), you will be eligible for compensation proportional to the injury you have suffered.
A personal injury can happen, for example:
- at work;
- in a road accident;
- because of a faulty product;
- because you tripped on a paving stone or slipped on a wet floor;
- because of a mistake during medical treatment ; or
- an injury sustained by a victim in the course of a crime
|Have you had an injury, fall, car crash or any other kind of accident within the last 3 years which you do not think is your fault, contact a specialist Personal injury Solicitor for advice.|
|We can offer you out advice service. Or solicitors can offer you their service on a no-win, no-fee basis and guarantee you will receive 100% of the damages you are awarded.
Contact us to discuss the particular details of your case on 07949185448.
Injury award for long past accident: can I use a personal injury trust so as to entitle me to benefits under a means test?
I am classed as ‘severely disabled’, I am a permanent wheelchair user, I received an award for injury in 1984. I have managed to live off this money until recently when I have found things financially difficult. I now wish to claim benefits but the money I have left far exceeds the means tested limit. Can I put the remaining money into a ‘Personal Injury Trust’ now and ‘after the fact’ so to speak and claim benefits?
If the award was in respect to a personal injury, then, provided it can be traced back to being just that it may still be possible to set up a personal injury trust. This being said, it is no guarantee to a threshold protection in order to claim benefits.
This area is not cut and dried particularly after such a long time has passed and would need further detailed investigation of your circumstances before we could commit ourselves to suggest you would succeed.
You need personal telephone legal assistance with this so we can go through the case with you. In the first instance I would suggest you should agree to a detailed telephone interview with our senior solicitor dealing with personal injury trusts, Angela Shropshall-Clark to see what help she can provide.
Alliance Legal will initially provide our expert support to clients at a one off charge of £425 plus VAT for a detailed half hour telephone consultation. She will have been briefed and read about the background to your case.
After the consultation she will provide email notes and guidance detailing how you should best proceed. If you instruct us to further act for you, any additional charges will be notified before you incur them so you can take an informed decision on how much further expenditure you wish to incur.