Personal Injury Trusts

Adjusting to life after a personal injury is challenging. It can be hard to find the time and energy to deal with financial and legal matters.

Setting up a personal injury trust might not be something you have considered, but it could provide financial security for you and your loved ones for years to come.

If you have received financial damages as a result of an accident, a crime, a negligence claim or another personal injury, setting up a trust could make it easier for you and others to manage the funds in your best interests.

Protect personal injury payouts and benefit entitlements

A personal injury trust enables people to protect their compensation payout from misuse and to preserve their entitlement to means-tested state benefits.

Personal injury damages are deposited into a separate bank account, which is managed by trustees and governed by specific rules. The trust ensures that compensation funds are disregarded by local authorities when assessing a person’s eligibility for financial support.

Personal injury trusts can also help to protect the vulnerable – for example a child, an older adult or a loved one who lacks capacity. There are different trusts for different circumstances, so it’s important to seek expert advice.

Time-sensitive considerations

If you rely on means-tested benefits, it’s important to be aware that personal injury trusts must be set up within 52 weeks of receiving your first compensation payment – including any interim payments. Setting up the trust within this timeframe ensures your damages are disregarded during benefits assessments and prevents any interruption to existing support. Seeking advice early can help avoid unnecessary stress or financial complications later on.

Expertise and empathy every step of the way

The Wills, Trusts and Probate team at Attwaters has extensive experience of setting up personal injury trusts and acting as named trustees. Our experts will help determine which trust is right for you and prepare trust deeds.

We provide practical support at every step of the process and collaborate with our Medical Negligence colleagues if you have an ongoing claim. We pledge to provide every client with outstanding personal service and communication along with unrivalled industry knowledge.

Attwaters’ Wills, Trusts and Probate specialists are available in all our offices; we can also visit you at home or in a healthcare setting. Contact enquiries@attwaters.co.uk or 0330 221 8855 to learn more about personal injury trusts and how we can support you.