Making an award of damages last a lifetime

All of our clients have something in common: an unexpected (and perhaps unwanted) sum of money. It is the imperfect measure of compensation that is supposed to turn back the clock to the millisecond before the accident that changed their life, and to reflect the future that would have been.

In reality, no amount of money can do that, but it is all the law can provide.

Choices have to be made about how to use it to improve quality of life, whilst keeping an eye on making it last as long as needed.

The answer for every client is different, often involving a combination of suitably cautious investment, family care and support, maximising and maintaining statutory benefits and care funding and compromises. Today’s best solution is also likely to change over time.

The way in which we tailor our advice to our clients' needs requires understanding, time, patience and trust.

  • Our consultants have deep knowledge of personal injury awards and an eye for detail. We know how all the intricate moving parts of an award fit together according to the law, and what can push them to breaking-point in practice.
  • We know that life can continue to take unexpected twists and turns, and that insurance can come before investment.
  • We understand how compensation affects state benefits and local authority funding, and how to protect our clients' entitlements.
  • We understand why investing an award of damages is a need rather than a choice.
  • We take the time to understand and analyse our clients' needs in depth, and explain the trade-offs between risk and reward.
  • We won’t rush our clients into investing: more likely than not, it can take several years to reach the point where you are ‘fully invested’.
  • We know that our clients' investments and circumstances have to be kept under regular review, and changed as needed.
  • We help our clients understand that patience is necessary for financial plans to bear fruit.
  • We understand that trust takes time to establish.

Managing an award FAQs

View all faq's

Can you guarantee I won’t run out of money?

No. This is partly because only you can control how much you spend, but also because the future is uncertain. All sorts of factors could change for the better or the worse, and therefore we keep your finances under regular review and advise you whether your spending is likely to be sustainable, or not.

Will I lose my benefits?

No. You can keep means-tested benefits by ensuring your award is held in a suitable trust, which can also protect local authority funding for care. This is a vital part of making sure your needs are met from all possible sources, not just your award, which gives you a better chance it will last for your lifetime.

Can I pay family members to keep down care costs?

Yes. Many clients find it too intrusive to have paid carers in the house, or too difficult to recruit and keep people they can rely on. Family carers are therefore commonplace. Some accept nothing for the care they provide, and some accept a nominal payment, which is tax-free in certain circumstances. Either way, this can really improve the chance of the award lasting for your lifetime. You can have more peace of mind if you insure family carers. Please note that if you are under the Court of Protection, court approval for payments to family members is required.

Testimonials

It is rare that the investment of an award of damages is the sole solution to our clients lifetime needs. But the importance of investing an award of damages with a suitable degree of investment risk, in a manner that meets expectations should not be underplayed; it takes many skills, understanding, experience and a tested methodology.
A 'personal injury trust' sounds daunting, but it's not. It is a simple mechanism that allows you to keep control of your damages, whilst maintaining your entitlement to benefits such as Employment Support Allowance, Local Authority Direct Payments and Housing Benefit.
Ensuring that our clients receive all of the statutory benefits that they are entitled to is an important part of our planning process. Such income and/or funding can impact on the overall level of income required from an award of damages, allowing a more risk adverse approach to be taken with investment and/or a better quality of life.

Knowledge bank

Keeping lawyers updated