What is a Personal Injury & Medical Negligence Trust?

Personal injury and medical negligence trusts can help to secure your future at a critical point in time. If you are due to receive or have received financial compensation within the last 52 weeks as a result of medical negligence or personal injury, then creating a trust to receive these funds can be very beneficial.

Why set up a medical negligence and/or personal injury trust?

Peace of mind

Through challenging times, financial security and peace of mind are crucial. Having compensation in a trust removes the worry of money management. It enables appointed trustees to carefully monitor and invest the compensation, ensuring funds are available to support the needs of the awarded individual in the future.

Placed outside of means tested benefits assessment

If the compensation is paid into trust, then the funds are not considered when assessing the impacted person’s means-tested benefits or care funding eligibility. The compensation is intended to help the awarded individual pay for necessities such as house adaptations, specialist equipment or support so they can live their life as close as possible to the one they had prior to their injury.

Why set up a medical negligence
and/or personal injury trust?

Loss of capacity and asset protection

If the impacted person has lost, or was to lose, mental capacity to manage their own affairs as a result of the personal injury or medical negligence suffered, then setting up a trust means trustees can arrange payments on their behalf. The trust also acts as a safeguard from pressures within a family to use the funds for other purposes. Depending on the type of trust set up, the trust can also shield compensation from creditors, lawsuits or potential bankruptcy, providing additional security for the impacted person.

Why choose Ludlow Trust?

Expert, experienced, external

Our expert team can help you or your client to set up and administer the trust in line with all the necessary legal and tax requirements. And as a professional corporate trustee, we bring extensive expertise in the management of funds and budgeting for long-term needs, working alongside your financial advisors, or being able to introduce advisors where you do not already have someone in place.

Acting as an independent trustee, we can also ensure that the impacted person’s interests are diligently protected at all times, occupying the role of an intermediary between that person and their family members. Speak to one of expert advisors about how we can help you to establish a personal injury or medical negligence trust.

Download our information sheet on Injury & Negligence