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Personal injury, youclaim.co.uk

Catastrophic injury. Lump sums and periodical payments.

When a person is awarded compensation for catastrophic injury, whether it was sustained in a car accident, work accident or medical negligence-related incident, the court must decide on the details of a settlement.

It is likely that this will comprise of a lump sum for losses already incurred and any immediate expenses relating to the injury which need to be covered.

However, in all catastrophic injury claims, especially those concerning brain or spinal injury, the question of future needs will arise. These will relate to the claimant's requirements for on-going care throughout the course of his or her life and may include such things as special adaptations for a home, nursing care and the cost of any specialist equipment.

However, it is in this area of provision for periodical payments that the law in England and Scotland differs. In England, an award of periodical payments is very much the norm and is considered to be the fairest and most practical form of provision because of the way it provides secure and guaranteed future funds for life, which are both index-linked and not subject to the potential volatility of financial markets. In Scotland, there is no such provision for periodical, annual payments in catastrophic injury cases, instead courts must award a lump sum.

The problem with lump sums is that they are often not appropriate to the claimant's needs, either running out before the claimant passes away or being far in excess of the claimant's life-time needs. Furthermore, they can be said, in a sense, to not be tax free, as any investments made with lump sums are considered to be taxable.

However, Scottish lawyers may approach insurers directly to see if they are prepared to offer claimants periodical payments.

Claim compensation for catastrophic injury
If you have had the misfortune of suffering personal injury in an accident that was caused by another party, YouClaim can help you mount the strongest possible claim for compensation.

Our personal injury solicitors, all of whom are governed by the SRA (a Law Society body), are experts in their respective fields and have an outstanding success rate in resolving catastrophic injury compensation claims in claimants' favour.

Furthermore, we never take a cut – our 100 per cent compensation promise.

For obligation free advice about making a claim, call us, on 0800 10 757 95.

Alternatively, E-chat or request a Call-back.