Category: News

What is Martha’s Rule?

From April 2024, the NHS implemented the first phase of Martha’s Rule. This rule will allow patients, families, carers, and staff round the clock access to a rapid review from a second, separate care team if they are worried about an individual’s condition once fully implemented. It is essentially a legal requirement to provide a second opinion when it is requested.

Martha’s Story:

Martha Mills was a 13 year old who died due to a delay in moving her to an intensive care ward after concerns were raised by her parents that she may be suffering with sepsis.

Martha was admitted to hospital in May 2021 after sustaining a pancreatic injury from falling off her bike. During her admission, she contracted an infection and her condition deteriorated over the course of 10 days. Between the 21^st and the 29^th August 2021, her parents raised concerns about her deterioration several times, once explicitly stating that they believed that she had sepsis and would develop septic shock. They were told daily that her recovery was not in doubt at that it was just a matter of time. On the 29^th August 2021, she began bleeding heavily through a tube inserted into her arm. Unfortunately, Martha passed away on the 31^st August 2021. Her cause of death was sepsis and refractory shock.

The inquest following Martha’s death determined that there were several opportunities to refer Martha to intensive care, all of which were missed. The coroner determined that Martha’s life could have been saved if she was transferred to intense care earlier.

What does the Rule involve?

There are three components of Martha’s Rule that have been proposed which can be found detailed at:

https://www.england.nhs.uk/patient-safety/marthas-rule/

These are also provided below:

1. All staff in NHS trusts must have 24/7 access to a rapid review from a critical care outreach team, who they can contact should they have concerns about a patient.
2. All patients, their families, carers, and advocates must also have access to the same 24/7 rapid review from a critical care outreach team, which they can contact via mechanisms advertised around the hospital, and more widely if they are worried about the patient’s condition.
3. The NHS must implement a structured approach to obtain information relating to a patient’s condition directly from patients and their families at least daily. In the first instance, this will cover all inpatients in acute and specialist trusts.

The Change in Effect:

The welcome change enables a path to which concerned family members can ensure that their concerns are addressed not only by the primary team, but also by a secondary team. This way, any errors in treatment can be caught, or any reassurances can be provided.

It is the latest change introduced by the NHS in a series of measures to improve the way that the service can identify any decline in a patient’s condition that may not have been identified by the primary care provider.

The obligation imposed upon the NHS will be highly advertised via posters on wards to ensure that those unaware of Martha’s Rule will be knowledgeable on its implementation, and can use it at their discretion.

Whilst the implementation comes at a time of an NHS crisis, the process will work to ensure that critical treatments are provided where they could potentially be missed, ensuring that lives are made better, and in some cases, that lives are saved. 

Introduction:

The Civil Liability Act 2018 and the Whiplash Injury Regulations 2021 brought into effect the Whiplash Reforms. These reforms introduced a tariff award for whiplash injuries following road traffic accidents on or after the 31^st of May 2021; this being soft tissue injuries to an individual’s neck, back, and/or shoulders. A slightly increased tariff applies for injuries that are accompanied by psychological injuries. The tariff can be found at Paragraph 2(1)(b) at the following link:

https://www.legislation.gov.uk/ukdsi/2021/9780348220612

What the legislation omits to address is the overlap between whiplash (tariff) injuries, and other injuries (non-tariff). These are soft tissues injuries to areas that are not the neck, back, and shoulders, such as knees and wrists.

This forms the basis of the two cases brought before the Courts, Rabot v Hassam, and Briggs v Laditan.

Background:

Rabot v Hassam and Briggs v Laditan were heard by District Judge Hennessy, claims to which there were tariff and non-tariff injuries following a road traffic accident. In assessing the injuries, the judge referred to an existing judgement, Sadler v Filipiak, which enabled the judge to assess the injuries together to create a total sum, and then stepping back and reducing the figure to account for any overlap of pain, suffering, and loss of amenity.

Mr Rabot’s whiplash injuries, together with injuries to the left elbow, knee, and hips, totalled an award of £3,890.00. The judge then reduced the figure to £3,100.00 to account for any overlap. Mr Briggs’ injuries totalled £3,840.00, and the figure awarded was £2,800.00.

The judgement was appealed and heard in the Court of Appeal.

The Court of Appeal:

In bringing the claims to the Court of Appeal, the Claimant’s submitted that the approach that DJ Hennessy adopted should be followed; in that, the sums should be combined and then reduced accordingly. The Defendant submitted that the tariff award should be the starting point, upon which, additional small sums should be added when non-tariff injuries are established that are independent of the tariff injuries.

The judgement was decided by two to one, whereby the decision favoured the initial judgement given by District Judge Hennessy. This was given under the proviso that the total sum awarded could not be less than the award for the value of the non-tariff injury alone. For example, in Mr Brigg’s case, the sum awarded for his non-tariff injuries was £3,000.00. As such, the final award that was decided could not be £2,800.00 as District Judge Hennessy awarded in the first court.

The Court of Appeal judgement was subsequently appealed on the same grounds.

The Supreme Court:

The five judges of the Supreme Court supported the decision of the Court of Appeal and is summarised in the following.

The unanimous judgement addressed how the wording of the Act does not detract from how injuries are assessed at common law. As such, the court is able to make an award with reference to and to reflect combined injuries, as opposed to solely tariff which is confined to solely whiplash injuries. The judgement addresses how the Sadler approach was correct, and that a reduction should be made to account for any overlap in pain, suffering, and loss of amenity. It states how this adopted approach does not undermine the purpose of the legislation, as Claimants still receive a lower award if they present with mixed injuries.

Correct approach:

1. Assess the tariff amount by applying the table in the 2021 Regulations.
2. Assess the common law damages for PSLA for the non-whiplash injuries.
3. Add those two amounts together.
4. Step back and consider whether one should make an adjustment applying Sadler. The adjustment (which in this context will almost always be a deduction rather than an addition) must reflect, albeit in a rough and ready way, the need to avoid double recovery for the same PSLA.
5. If it is decided that a deduction is needed, that must be made from the common law damages.
6. However, the final award cannot be lower than would have been awarded as common law damages for PSLA for the non-whiplash injuries had the claim been only for those injuries.”

Comment:

The judgement in the UK Supreme Court has been one that is positive for personal injury practitioners and claimants alike. It recognises the need for thorough and appropriate compensation following road traffic accident claims, for claimants that have suffered with multiple injuries. Prior to this clarification from the courts, the initial Sadler approach would result in awards that would step back too far, and award sums that were below what individuals would now be able to receive in light of the present case law.

The practical impact of this judgement should be reflected in judgements to come, wherein claimants will not be financially hindered for bringing claims where there are whiplash and non-whiplash injuries, but instead, be compensated appropriately in line with common law and legislative damages.

Representatives from insurance companies have commented on the practical implications of this judgement; in that they believe it will only work to increase insurance premiums and disadvantage the many to advantage the few. However, the 2018 legislation and tariff system were introduced to reduce insurance premiums. It is a balancing act to which the public are yet to see any results in the payments that are made.

Nevertheless, the judgement has been welcomed by many. It provides clarity in an area of law that has arguably presented more uncertainty than stability since its introduction in 2018. Claimants and Defendants can now be confident in receiving and deciding upon awards for mixed injuries with this clarity from the courts. The law is wanting, for example, on the issues of minor psychological injuries, and what qualifies an uplift to the tariff amount; however, judgements such as this will work to develop and shape the law in the coming years.

What is Sepsis?

Sepsis is your body’s response at fighting an untreated infection. Should an infection be present for too long, your immune system will produce an extreme response which will begin causing damage to its own tissues and organs.

This condition is indiscriminate of any biological factors and can happen to anyone harbouring an infection; however, it is found in higher frequencies in the elderly; the very young; pregnant individuals; or those with other health problems.

Sepsis can present in many ways and as such, it can be difficult to identify, but the most common symptoms present as:

• Extreme body temperature such as fever or low temperature
• High heart rate
• Confusion and slurred speech
• Difficulty breathing
• Discoloured or mottled skin
• Failure to pass urine over a 24-hour period.

Sepsis takes a life every 3 seconds worldwide. This is 11 million lives a year; more lives than breast, bowel, and prostate cancer combined.

Treatment

Sepsis can be treated effectively if treatment begins early. This is why it is of the utmost importance for healthcare professionals to be alert to the symptoms and perform the necessary tests to diagnose it promptly.

A singular diagnostic test does not yet exist for sepsis, so healthcare professionals are required to use a combination of tests to diagnose sepsis as soon as possible.

If left undiagnosed, sepsis can have devastating consequences leading to septic shock and organ failure. As it can potentially be treated with antibiotics, it is worthy to present at any medical institution as soon as you present with any symptoms.

Long Term Impacts

As above, should sepsis be identified early, it can be treated effectively, and it will be unlikely that there are any lasting consequences.

However, failure to diagnose can lead to severe sepsis, which ultimately reduces the blood supply to your tissues and affects your internal organs. Septic shock is when there is a dramatic drop in an individual’s blood pressure, leading to the organs being starved of oxygen. The survival rate for septic shock is low but people can and do survive. 

In up to 50% of cases, people can experience post-sepsis syndrome. This is a long-term physical, cognitive, and psychological syndrome. It can cause lethargy, fatigue, insomnia, muscle and joint pain, swelling in the limbs, and reduced organ function. It can have a psychological impact with hallucinations and panic attacks, flashbacks, memory loss, depression, and decreased cognitive functioning.

Medical Malpractice

It is possible that an individual could be eligible to bring a claim due litany of factors. The typical circumstances whereby a claim arises are as such:

•  If a medical institution fails to diagnose the condition when an individual presents with typical symptoms, and there is avoidable loss as a result.
• If sepsis is misdiagnosed as another condition and is therefore incorrectly treated.
• If sepsis is diagnosed but incorrectly treated and there is harm as a result.
• If a medical institution causes sepsis by late or delayed treatment.
• If a medial institution causes sepsis by poor hygiene standards or poor care.

If you believe you are a victim of someone else’s negligence regarding sepsis, then we may be able to assist in making a no win, no fee claim for clinical negligence

If you are making a personal injury claim, it is important you are honest about your symptoms and losses.

Don’t exaggerate them or make false statements.

Claimants found guilty of being fundamentally dishonest with their personal injury claim can face severe consequences.

This article will explain the concept fundamental dishonesty and how it could affect your personal injury claim if you are found guilty.

What is fundamental dishonesty in personal injury?

Fundamental dishonesty is a concept that was introduced in the UK under Section 57 of the Criminal Justice and Courts Act 2015 in a bid to deter fraudulent or exaggerated personal injury claims.

The defendant must prove the claimant has been fundamentally dishonest. Usually, fundamental dishonesty will either be discovered before the trial or arise from evidence during it.

Examples of fundamental dishonesty include an individual claiming that since the accident, they can no longer carry out a particular task when this is untrue. The dishonesty must be related to something fundamental in the case rather than a minor part of the claim.

In some cases, defendants may undertake surveillance of the claimant to gather evidence of their dishonesty. Evidence may also be gathered from the claimant’s social media posts or eyewitness accounts.

Consequences of fundamental dishonesty

Claimants that are found to have been fundamentally dishonest could find themselves facing the following consequences:

• They become liable to pay legal costs for both sides – Usually, under the Qualified One-way Costs Shifting (QOCS) principle, claimants do not bear liability of cost in personal injury claims. However, if a claimant is found to be fundamentally dishonest, then QOCS protection is lost. If a claim is fundamentally dishonest, the claimant loses protection under QOCS and is required to pay the legal costs on both sides.

• The case is dismissed – If a claimant is found to have been fundamentally dishonest, the judge may dismiss their personal injury case altogether. This can even happen in cases where the claim is otherwise genuine but contains elements of dishonesty. This could also mean the claimant loses the right to raise the same kind of claim in a court of law in the future.

• Prosecution – In extreme cases, the claimant could even be prosecuted for perjury/contempt of court.

Does fundamental dishonesty only apply to personal injury?

Whilst dishonesty can lead to serious consequences in many areas of the law, the concept of fundamental dishonesty is specific to personal injury claims. It can also only be applied to the claimant.

If you have sustained injuries after an accident that wasn’t your fault and require help with a personal injury claim or fundamental dishonesty personal injury, contact Mark Reynolds Solicitors.

Call us today on 0800 002 9577 to arrange a free consultation with one of our solicitors.

Determining the value of a personal injury claim can be a complicated process.

Every case is different, and its unique circumstances must be taken into account.

Legal practitioners use professional documentation and expert guidance to help them to navigate the process and ensure a just and fair result.

One important resource is the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases.

If you’re unfamiliar with the Judicial College Guidelines, this article aims to explain what they are and the role they play in determining the value of personal injury claims.

What are the Judicial College Guidelines for Personal Injury?

The Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases is an important resource that legal professionals use to help determine the value of personal injury claims.

The guidelines comprise 14 chapters, each relating to a different group of related injuries. Each chapter provides guideline compensation figures for each type of injury based on severity. They also explain how to define each grade of severity.

The guidelines were created to help standardise the process of calculating compensation to create fair and consistent outcomes.

How are the Judicial College Guidelines used to determine the value of personal injury claims?

The Judicial College Guidelines set out a range of possible compensation amounts for different types of injuries based on the body part affected and the severity of the injury.

For example, one of the 14 chapters within the guidelines relates to ‘orthopaedic injuries’; this section lists many different types of orthopaedic injuries, including wrist injuries, toe injuries, and back injuries.

For each injury, it then sets out a guideline figure for general damages based on the severity of the injuries.

The guidelines are there to provide legal practitioners with a valuable starting point for calculating the value of personal injury claims. Each personal injury case must be assessed based on its unique merits.

Some of the factors that can affect the valuation of a personal injury claim include the claimant’s age, length of recovery time, long-term health implications, and the impact of the injury on their quality of life.

The guidelines also only cover compensation for ‘general damages’. General damages include the injury itself and its direct impact. They do not cover ‘special damages’, which are additional costs incurred due to the injury, such as loss of earnings, medical expenses, and other financial losses. These additional losses must be calculated separately and added to the general damages.

Claim compensation for a personal injury with Mark Reynolds Solicitors

Need help with a personal injury claim?

Here at Mark Reynolds Solicitors, our team of personal injury solicitors have the experience and knowledge required to navigate the complexities of personal injury law and help you get the compensation you deserve.

For more information or to receive a free consultation with our team, call us today on 0800 002 9577.

Making a personal injury claim can be a highly stressful time for claimants. Chief among their worries is often the fear that their claim will fail, and this is often what can hold individuals back from seeking to make a claim in the first place.

If you’re thinking of seeking legal help but wondering, ‘what happens if I lose my personal injury claim?’, then read on.

Can I lose a personal injury claim?

Yes. Just like generally any court case, you can win your case, or you can lose it.

Even if you feel like there is a clear-cut incidence of personal injury happening to you due to the actions (or negligence) of somebody else, this cannot simply be taken as true.

Due process still needs to take place, and this can mean the loss of your side if a court finds that the defending party are not as at-fault as you believe.

This is somewhat mitigated by most personal injury claims being represented on a ‘No Win No Fee’ basis. Since solicitors working on this basis won’t earn anything for their time if you lose, their representation is usually a sign that your case has a good chance of winning.

Do I need to pay costs if I lose my personal injury claim?

There are several ways in which a claimant needs not worry about paying costs if they lose their claim.

Commonly, a type of insurance policy known as ‘after the event’ (ATE) insurance is required as part of a claim. This covers the costs of the defendant’s side in the event that the claimant loses their case. If this happens, the claimant won’t have to pay the cost of the policy.

From April 2013, a regulation known as qualified one-way costs shifting came into use. This applies only to personal injury claims, and stipulates that claimants will not be made financially worse off for making a claim, even if they lose it.

There are now several defences for personal injury claims that ensure claimants don’t lose money by pursuing claims. This also means that claims will (hopefully) not simply be left by the wayside for fear of losing money.

This is especially important for individuals who fear the legal resources of people or companies much wealthier than themselves.

How to make a personal injury claim

To start your claim, you need to contact a qualified personal injury solicitor.

Mark Reynolds Solicitors can take the details of your personal injury and start a friendly, open dialogue with you. Our no-obligation consultation will allow us to give you an objective opinion of your case and whether we can help you pursue compensation.

To find out more about our services for personal injury claims, contact us today.

Making a personal injury claim is something that many of us need never think about. Like many things, you only need to learn about the process when it suddenly becomes apparent you may need to make your own claim.

The personal injury claim settlement process in the UK is generally straightforward but can be lengthy.

The personal injury claim settlement process

Contacting a solicitor

Before any claim can get underway, the claimant should seek impartial advice from a qualified personal injury solicitor.

This is an important first step as it means you can gain an objective opinion on whether you have a viable case that can be won. If your solicitor thinks the case is feasible, they will likely offer to represent you and take it on.

Consultation

Once you’ve appointed a solicitor and are happy to proceed, your practitioner will begin gathering more information and looking into your case on a deeper level.

This investigation allows them to understand the case fully, including the details of what happened to you, how it occurred, and what changes it has made to your health and wellbeing.

They will also take the details of any evidence that supports the claim, such as evidence of the defending party’s negligence or medical evidence of your injuries.

Pre-action protocol

Once your solicitor is satisfied they have the all the necessary context and information to get started, the pre-action protocol stage can begin.

This is where the case ‘officially’ starts, wherein your solicitor fills out a Claim Notification Form (CNF) and sends it to the defending party or their insurance company. This formally signals intent to sue for damages, and outlines what happened to the claimant and why they feel they’re entitled to compensation.

The solicitor must allow around 21 days for the defendant to respond and acknowledge receipt of the CNF. They then have three months in which they can investigate the claim and prepare a response as to whether they accept or reject liability for the claim.

What happens then?

If liability is accepted, then this is the easiest course of action for everybody involved. Your solicitor can set about negotiating your settlement, and court action can be avoided if both sides can come to an agreement over the amount of compensation paid. If not, the solicitor may need to apply to a court for a judge’s impartial decision.

If liability is rejected, then the solicitor has the much larger task of preparing to fight the case in court and again take the matter before a judge. This is will involve careful gathering of any evidence that backs up or strengthens the claim, including medical reports, CCTV footage, eyewitness statements, and more.

How to get a personal injury settlement

Of course, the personal injury claim settlement process in the UK is much easier than having to fight in court, but a good solicitor will help your case through to the end regardless of either route.

Mark Reynolds Solicitors are qualified personal injury solicitors who can help you with a claim and see your case through to completion.

For help with a personal injury claim, contact us today.

If you suffer an injury that is someone else’s fault, you are entitled to fair compensation.

Financial compensation gained because of a personal injury claim can help you cover medical bills, loss of earnings, and emotional harm. However, reaching a satisfactory settlement isn’t always straightforward.

This article will explain how the personal injury claims process works, discuss when it is appropriate to accept the first offer, and provide insight into personal injury negotiation tactics.

How does the personal injury claims process work?

The personal injury claims process can be roughly split into five stages. Here’s a step-by-step outline of how the process typically works:

• Case preparation and evidence collection – If the other party accepts responsibility for your injury, your solicitor will compile all the necessary evidence to support your claim and forward these materials to the defendant’s solicitors.

• Valuation of the claim – Your solicitor will then carefully assess the value of your claim. To do this, they utilise resources such as the Judicial College Guidelines, which provide guidance on the appropriate compensation for various types of injuries. They also look at precedents set by similar cases. Once complete, they send their compensation valuation to the insurance company.

• Compensation offer – The insurer may make a compensation offer at any point during this process. However, it is most commonly made once both parties have disclosed and considered all evidence.

• Negotiation – Your solicitor will usually carry out all negotiations on your behalf.

• Responding to the offer – After each offer, your solicitor will review it with you and advise whether they believe it is fair and whether you should accept it or negotiate for a higher amount. If you decline the offer, your solicitor will continue negotiating with the insurer. Your case may proceed to court if an agreement cannot be reached. The decision to accept or reject an offer is always yours.

Should I accept first offer in personal injury?

Determining whether to accept the first offer in a personal injury claim depends on several factors, including the timing of the offer and the amount being offered.

Sometimes, an offer may be made before all evidence has been disclosed. In these cases, the offer may not accurately reflect the full compensation you’re entitled to for your injuries or associated losses.

Your personal injury solicitor can provide valuable insight into the appropriate level of compensation based on their experience with similar cases. If the defendant has admitted liability, enough evidence has been submitted, and your solicitor believes that the first offer fairly compensates you for your injury, you might consider accepting the first offer. Remember that once an offer is accepted, your claim is considered resolved, and you cannot reopen it later.

However, if you are unhappy with the first offer, you can ask your solicitor to continue negotiations with the defendant’s insurer.

How to negotiate a high personal injury settlement offer

After a compensation offer is made that you or your solicitor consider unsatisfactory, you can discuss personal injury negotiation tactics with your solicitor.

Your solicitor should explain all offers made by the insurer, providing a good understanding of how the compensation figure has been calculated.

Reasons to reject an offer – Typically, your solicitor might recommend rejecting an offer for one of two reasons. First, they may believe the offer inadequately compensates for your injury and financial losses. Secondly, if the offer is made prematurely before all evidence has been submitted, it could be difficult to access the right level of compensation due accurately.

Challenging an offer – If an insurer submits an offer without an explanation, your solicitor will likely request justification for the proposed figure. The insurer’s argument may sometimes justify the offer, but other times they might not provide a satisfactory explanation.

Making a counter-offer – After evaluating the insurer’s justification for their offer, your solicitor may formulate a counter-offer. This counter-offer would usually be based on your specific circumstances and would be accompanied by an explanation of how this figure was calculated.

Points of disagreement – Some claim components, such as loss of earnings, are relatively concrete. However, other areas – like solatium (compensation for emotional harm) – can be more subjective, leading to disagreement over the appropriate compensation amount.

Decision time – If the insurer refuses to raise their offer, you’ll need to decide, with your solicitor’s guidance, whether to accept the current offer or proceed to litigation. While most personal injury claims can be settled outside of court, litigation is sometimes necessary. Considering the higher legal costs of court proceedings, your solicitor would only recommend taking your claim to court if they believe the potential outcome would outweigh the current offer.

Need a personal injury solicitor?

At Mark Reynolds Solicitors we are experts in all things related to personal injury. Get in touch today if you’re looking to get advice or make a claim.

Car accidents can leave pedestrians, cyclists, and drivers alike with injuries that range in severity from minor to life-changing.

The distress caused by being involved in an incident can be overwhelming, and the situation further exacerbated by unexpected medical bills, loss of income due to the inability to work, the costs of vehicle repair, and the emotional suffering that comes with the experience.

While no amount of compensation can truly erase the distress caused by a car accident, it can certainly help to reduce the financial strain and stress associated with the resultant injuries.

This article guides you through claiming compensation for a personal injury after a car accident, providing useful advice to help you move forward from the incident.

How do I claim personal injury after a car accident?

Experiencing an injury after a car accident can have a significant, even life-altering, impact.

If you suffered an injury due to a car accident that wasn’t your fault, you might be eligible to claim financial compensation.

The process for making a claim varies according to the specific circumstances and extent of the injury. However, as a general guideline, you should follow these steps:

• Seek medical help – After the accident, you should get a thorough medical examination. This not only ensures that you’re on the path to recovery but also helps you to obtain a medical record of your injuries.

• Report the accident to the police – A formal accident report serves as an official record, which is a critical part of your claim. Ensure to report the accident to the police as soon as possible.

• Document details of the accident – Take photographs of the accident scene, damages to the vehicles involved, and your injuries. Collect witness information and their statements, if possible. Any other information that could support your claim should also be documented.

• Inform your insurance provider – Notify your insurance provider about the accident and the damages incurred. Be honest and accurate about the incident.

• Contact a personal injury solicitor – Navigating the claims process can be complex. A personal injury solicitor can guide you through it and help to ensure you receive the best possible outcome from your claim.

• File a personal injury claim – With the assistance of your solicitor, file a claim through the at-fault party’s insurance.

Remember, each car accident and personal injury claim is different. Contact our team of personal injury solicitors here at Mark Reynolds Solicitors for tailored advice and support.

What injuries can you claim for after a car accident?

After a car accident, you can claim for a wide range of different injuries, including compensation for the pain endured and any ongoing treatment or care costs incurred due to the accident.

The following list outlines some of the different types of injuries for which compensation can be claimed;

Physical injuries

Physical injuries can range from minor to severe and can include:

• Whiplash
• Back and spinal cord injuries
• Broken bones and fractures
• Internal injuries
• Cuts, scrapes, and bruises

Psychological injuries

Accidents can also lead to psychological trauma. Such injuries include:

• Post-traumatic stress disorder (PTSD)
• Anxiety and depression
• Phobias
• Sleep disorders

Fatal injuries

In the unfortunate event that a loved one loses their life due to a car accident, compensation can be claimed on their behalf. This can help to cover funeral costs, loss of future earnings, and the emotional trauma associated with the loss.

Every case is unique, and the type of injuries sustained will significantly influence the claim. Therefore, seeking professional legal advice is essential to understand what you can claim in your specific situation.

Can I claim for anxiety after a car accident?

Yes, you can claim compensation for psychological injuries, including anxiety, resulting from a car accident, but doing so can be challenging.

To do so, you must be able to prove that the mental illness is directly linked to the car accident; this is usually achieved using medical records and professional testimonies.

How long after a car accident can you make a personal injury claim?

Generally, you should make a personal injury claim for a car accident within three years of the accident date. There are, however, a few exceptions to this rule. You may be able to claim outside of this limitation period if the person injured in the accident was a child under 18, lacks the mental capacity to make a claim, or has “late-appearing injuries”.

It is always in your best interests to make a claim immediately after the accident to ensure the best possible result.

Who pays personal injury claims for a car accident?

In most cases, the at-fault driver’s insurance company pays out for a personal injury claim. If the driver at fault has no insurance or is untraceable, it may be possible to claim compensation from the Motor Insurance Bureau (MIB).

File a personal injury claim with Mark Reynolds Solicitors

For more help or advice with how to make a personal injury claim for car accident, contact our team of solicitors here at Mark Reynolds Solicitors by calling us on 0800 002 9577.

If you’ve suffered injury and have been awarded compensation, the result can be as a daunting as it is a relief. Compensation awards can amount to substantial sums of money, and receiving it all at once may raise questions about how you’ll manage it and whether you can keep receiving benefits.

To answer these concerns and more, personal injury trusts are a way of protecting compensation payments without complicating means tested benefits.

What is a personal injury trust?

A personal injury trust is a type of trust reserved for individuals who receive compensation for personal injury.

Like any trust, it’s a way of protecting and managing assets—in this case, cash—without outright cutting the individual off from it. Usually, a trust is an ideal option for people who are underage or have a condition that renders them unable to manage their money independently.

However, personal injury trusts are often a necessity even for those who know how to handle their finances perfectly well. The benefits they confer directly protect the beneficiary’s finances and ensure that compensation payments don’t end up ultimately doing more harm than good.

Accordingly, the trust is intended only for the awarded money, and it cannot be combined with other cash. This practice of ‘mixing’ can render the protective benefits of the trust void and make the trust itself ineffective.

The account used for the trust must be set up in the name of said trust, and not in the name of the individual who stands as its beneficiary. This also applies to assets purchased, which we’ll go into further later on.

Why use a personal injury trust account?

When you are awarded compensation for a personal injury, the money may be paid directly to you and placed into your bank account.

For a time, this is perfectly fine. There exists a grace period which protects that money for 52 weeks starting from the initial payment, meaning it doesn’t factor into benefits or care fees. Means tested benefits will be calculated regardless of the amount you were awarded, but this will only be the case within that 52-week period.

Once it expires, the compensation will be counted as savings without any further special consideration if it is still mixed with other personal finances.

Money that has been placed into a personal injury trust is exempt from benefits calculations. This allows beneficiaries to continue receiving means tested benefits regardless of the amount they were awarded.

The money in the trust can still be accessed and spent, albeit with the appointed trustee needing to grant permission for withdrawals by signing off on requests. This is one of the factors that grants an additional layer of protection to the money contained in the trust.

Trustees are in place to oversee the money in the trust and act in the best interests of the beneficiary where needed. They cannot access it for themselves or use it independent of the beneficiary.

Trustees are trustworthy individuals such as relatives, particularly parents if the beneficiary is a child, or a partner. Some people may elect to choose a solicitor as a trustee for many reasons. Since you need at least two, it may be wise to choose a loved one and a solicitor to make up your pair of trustees.

One of the added benefits of this approach is that the solicitor can act as a source of guidance for the other trustees and ensure they fully understand their role and responsibilities.

Who can set up a personal injury trust?

Anybody who has been awarded compensation for a personal injury—perhaps from a legal claim or as the result of an insurance pay out—can set up a personal injury trust. If this is not possible due to any kind of impairment or other special context, a solicitor can set up the trust on behalf of the beneficiary.

Banks should be able to facilitate the process by setting up an account with the chosen trustees in control, verifying their identities and ensuring the account bears the name of the trust so that it stands apart from the beneficiaries personal assets (as far as benefits eligibility is concerned).

When should a trust be set up?

As soon as possible, even if you’re comfortably within the grace period and don’t intend to receive means tested benefits in future. Once the trust is set up, it’s ready to receive the money and you ensure that you don’t end up leaving it in personal accounts on accident.

This is especially true if compensation is paid in more than one instalment; the 52-week period applies only to the initial payment, so any further payments need to go into the trust in order to not be counted against benefits.

What can I spend my personal injury trust on?

The money in a personal injury trust can be spent as the beneficiary sees fit, as long as it’s for their benefit. Purchasing a computer, paying for a holiday, or buying a house with a personal injury trust are all perfectly legal and sound.

If purchasing something like a home, it must not be bought under the name of the trustees as an investment in order for it to be discounted against means tested benefits. Additionally, the property would legally be the property of the trust, since the money within a trust is not legally the beneficiaries.

Bought in the right way so that it is legally the property of the trust, buying a house with a personal injury trust won’t impact means tested benefits.

Legal help for personal injury

If you need the help of a qualified, experienced solicitor to guide you through the legal proceedings resulting from personal injury, contact Mark Reynolds Solicitors.

Our team can provide thorough advice backed by years of collective experience and show you the way to the respect and compensation you deserve.

To find out more about our services, contact us today.