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The purpose of compensation for severe, permanent disability is to meet the injured person’s additional needs that arise from their disability for the rest of their life. The injured person’s compensation may also be intended to replace their net loss of income from earnings or pension if their injury has left them unable to work.

If a severely injured child, teenager or adult will have to rely on their compensation to pay for essential care, therapies, specialist equipment and adapted housing throughout their life, it is important that arrangements are made to protect their money, whilst ensuring that it is available and accessible to meet those essential needs.

In most claims arising from severe injury which has caused lifelong disability, such as cerebral palsy, brain injury or spinal cord injury (SCI) cases, or where the injured person is a child or lacks mental capacity, we advise that large compensation funds should be professionally managed.

The court also has rules relating to the management and protection of compensation for ‘protected parties’, such as children, and adults who are vulnerable owing to brain injury or learning disability.

Our medical negligence and personal injury teams work closely with our Court of Protection deputyship specialists to ensure that our clients receive the highest level of specialist guidance and support in managing their own or their child’s compensation.

How can I protect my injury compensation?

For large compensation payments arising from severe injury claims, there are two ways in which we invest, manage and safeguard our clients’ compensation funds. The choice of process depends on the injured person’s (expected or actual) mental capacity and vulnerability at the age of 18.  

  • Court of Protection deputyship

If the injured person does/will not have mental capacity to manage their finances at the age of 18 we ask the Court of Protection to appoint a deputy to make financial decisions in the injured adult or child’s best interests. This also enables the deputy to take care of day-to-day management of the disabled person’s finances, such as paying household bills, carer’s invoices and other expenses associated with their disability.

  • Personal Injury trusts

If the injured person has or is expected to have mental capacity at the age of 18 but is vulnerable owing to physical, emotional or behavioural disability, we can help their family set up a personal injury trust which will hold and manage the compensation. Where a large sum of compensation is to be managed via a personal injury trust, we recommend that at least one of the trustees should be a solicitor to ensure that the trust manages the injured person’s compensation effectively and complies with all of the relevant rules and regulations.

Will I lose my benefits if I get compensation for my injury?

Compensation funds that are managed via Court of Protection deputyship and personal injury trusts are excluded when the individual’s finances are assessed for means-tested benefits, so they do not affect the disabled person’s entitlement to means-tested welfare benefits.

Find out more about how we help families of children with cerebral palsy, severe birth injury and neonatal brain injury protect and manage their child’s compensation here.

Meet your specialist team

Our specialist team are considered leaders in the field and have a significant amount of expertise.
Susan Brown photo

Susan Brown

Partner

Laura Magson

Laura Magson

Partner

Julie Marsh headshot

Julie Marsh

Partner

Ruth Meyer photo

Ruth Meyer

Partner

Kim Milan

Kim Milan

Senior Partner

Richard Money-Kyrle headshot

Richard Money-Kyrle

Partner

Laxmi Patel headshot

Laxmi Patel

Partner

Claire Roantree headshots

Claire Roantree

Partner

Alexander Wright headshot

Alexander Wright

Partner

Melloney Harbutt headshot

Melloney Harbutt

Legal Director

Rachael Allison

Rachael Allison

Senior Associate - solicitor

Sue Clark photo

Sue Clark

Senior Associate – Solicitor

Lindsay Da Re

Lindsay Da Rè

Senior Associate - Solicitor

James Pantling-Skeet headshot

James Pantling-Skeet

Senior Associate – Solicitor

Sita Soni headshot

Sita Soni

Senior Associate - Solicitor

Vanessa Wand photo

Vanessa Wand

Senior Associate - Solicitor

Martin Anderson

Martin Anderson

Associate Solicitor

Lydia Dunford

Lydia Dunford

Associate - Solicitor

Alex Edwards

Alex Edwards

Associate - Solicitor

Jessica Jarvis Headshot

Jessica Jarvis

Associate - Solicitor

Rachel Makore headshot

Rachel Makore

Associate - Solicitor

Sue headshot

Sue O'Connell-Davidson

Associate - Solicitor

Tara Pileggi-Byrne photo

Tara Pileggi-Byrne

Associate - Solicitor

Alpa Rana headshot

Alpa Rana

Associate - Solicitor

Fran Rothwell

Fran Rothwell

Associate - Solicitor

Chloe Scarr - headshot

Chloe Scarr

Associate - Solicitor

Lauren Hall headshot

Lauren Hall

Solicitor

Ben Ireland headshot

Ben Ireland

Solicitor

Dani Pini headshot

Dani Pini

Solicitor

Janata Ali

Janata Ali

SEN Specialist

Rachel Baxter

Rachel Baxter

SEN specialist

Katarina Ahmed

Katarina Ahmed

Paralegal

Alice Carley headshot

Alice Carley

Paralegal

Fatou Darboe headshot

Fatou Darboe

Paralegal

Oliver Dugdale

Oliver Dugdale

Paralegal

Daisy Fox headshot

Daisy Fox-Clarkin

Paralegal

Beth Hatton headshoot

Beth Hatton

Paralegal

Maria Hobbs

Maria Hobbs

Paralegal

Hannah Lindley

Hannah Lindley

Trainee Solicitor

Nicky Melville headshot

Nicky Melville

Paralegal

Kerry Pearce headshot

Kerry Pearce

Paralegal

Anne Pearson headshots

Anne Pearson

Senior Paralegal

Kate Phelan headshot

Kate Phelan

Paralegal

Nadine Silas-Richards

Nadine Silas-Richards

Paralegal

Victoria Stewart

Victoria Stewart

Paralegal

Niki Tarrant headshot

Niki Tarrant

Senior Paralegal

Emma Wheeldon headshots

Emma Wheeldon

Senior Paralegal

Image of unknown

Kathryn Winter

Paralegal

Audrey Elmore headshot

Audrey Elmore

Medical records coordinator

Susan Brown photo
Laura Magson
Julie Marsh headshot
Ruth Meyer photo
Kim Milan
Richard Money-Kyrle headshot
Laxmi Patel headshot
Claire Roantree headshots
Alexander Wright headshot
Melloney Harbutt headshot
Rachael Allison
Sue Clark photo
Lindsay Da Re
James Pantling-Skeet headshot
Sita Soni headshot
Vanessa Wand photo
Martin Anderson
Lydia Dunford
Alex Edwards
Jessica Jarvis Headshot
Rachel Makore headshot
Sue headshot
Tara Pileggi-Byrne photo
Alpa Rana headshot
Fran Rothwell
Chloe Scarr - headshot
Lauren Hall headshot
Ben Ireland headshot
Dani Pini headshot
Janata Ali
Rachel Baxter
Katarina Ahmed
Alice Carley headshot
Fatou Darboe headshot
Oliver Dugdale
Daisy Fox headshot
Beth Hatton headshoot
Maria Hobbs
Hannah Lindley
Nicky Melville headshot
Kerry Pearce headshot
Anne Pearson headshots
Kate Phelan headshot
Nadine Silas-Richards
Victoria Stewart
Niki Tarrant headshot
Emma Wheeldon headshots
Image of unknown
Audrey Elmore headshot

What our clients say

"Boyes Turner were professional, helpful and responsive"

Boyes Turner were professional, helpful and responsive in all of my dealings with them. They kept me informed throughout the entire process and gave me sound advice when required. I would recommend Boyes Turner to anyone who requires legal advice in the field of medical negligence. I was happy with my settlement and I am grateful for their work to achieve the end result

Boyes Turner client

"Having never taken legal action before..."

Having never taken legal action before, I found Boyes Turner very helpful and diligent during my injury claim. When I moved to the USA during the case, they were still able to answer all of my concerns and keep me informed, giving me advice every step of the way. I would recommend Boyes Turner to anyone who is considering representation

Boyes Turner client
Rated Excellent 4.8/5