Personal Injury Solicitor Bath

A recent court of appeal ruling where a mother was awarded more than half of her ex husband's compensation from a personal injury claim could pave way for more claimants opting for periodical payments over lump sums of compensation.

Following a road traffic accident in 1998 £500,000 personal injury compensation was awarded for loss of a leg and spinal injuries. Five years later, he met his now ex-wife and they went on to have twins and split up in 2008. It was subsequently claimed that she was entitled to a share of her ex-husbands personal injury compensation.

The court ruled that the £500,000 compensation award should be regarded as an asset of the family, despite the payout pre-dating the marriage. She was then awarded £285,000 for her and her two children.

Personal Injury Solicitors may now advise victims of personal injury to consider divorce when deciding on a lump sum or periodical payment. Particularly in relation to future care needs to avoid their spouse getting what they may consider as an unjustified windfall.

In serious personal injury cases, where high levels of damaged are awarded, the court has the power to either award a lump sum, or period payments, usually on an annual basis for the rest of the claimant's life.

If you or someone you know would like to find out if they can claim injury compensation, call us today on 0800 612 7445 to arrange a free consultation with a specialist personal injury solicitor or click here to start your claim.