car accident final settlement, help needed

[triplets]

Hi,
My brother was in a car accident over three years ago, not his fault, 84 yr old driver! He is left in constant pain and has been told he wil never work again. Last week his solicitor phoned and said the ins comp wanted it settled and were wiling to pay him up for life. He has been told the money will have to go into a trust fund and be controlled by an executor of his choosing, but he won`t be able to do what he likes with the money. Does anyone out there know about this situation? The figure last offered to me was certainly not enough for what he has been through and not enough to last him for life.

surely the money shuld go straight to him unless he's under 18 whereby it would be held in trust until he reaches 18! Doesnt make sense. Is he happy withhis lawyer if not change now! You cant afford to mess about with this as he wont be able to claim again. my friends own a PI Solicitors practice - they will advise you

Hi,
What they have said is that if he doesnt open up a fund he will receive the lump sum as a one off, but in doing that he then will not get any benefits from Social Security, what he gets will have to last him for the rest of his life. Right, hes 55 almost, has already lost nearly £70,000 in wages, only the interest on his mortgage has been paid, so far he has been paid £23,000 by social, for living expenses, inc the mortgage interest, they have said that every penny of that will have to be paid back! If the money goes into a fund, he will still be entitled to the benefits, which inc a whole £5 a week income support which gives him free prescriptions etc, he would be paying up to £50 a month for drugs which he has been told he will be on for life. His injuries were a broken sturnum, three places and all of his ribs, plus neck injuries and nightmares still about the crash as his daughter was cut out of the back of the car.

triplets - if the accident wasnt his fault then the idea is that he shouldnt suffer or be out of pocket as it were. He should get an award (damages) for general damages ie. his injuries which is taken from previous recorded awards and guidelines (Kemp & Kemp; and JSB Guidelines). His special damages cover things like his loss of earnings (both past and future), prescriptions (both past and future) and any other out of pocket expenses he has incurred as a direct result of his injuries like taxi fares to hospital appointments etc. What does his lawyer say about the offer?

Hi,
He cannot speak to anyone until Weds, the secretary who is dealing with his case is away! A friend of ours has said he should expect a figure of around £270,000-£300,000, doesnt seem alot to me if you think he will have lost £286,000 for 13 years wages(until hes 65), he will have to pay back all monies paid to Social Security, already amounting to £23,000, he will be on medication for life, plus on going hospital visits, each time he goes now it costs him £15, he keeps asking for an interim payment to help him with bus fares etc, but so far nothing. Isn`t it terrible when this is no fault of his own? As his sister I see him getting more and more depressed, he is worried because we have all given him money, helped him as much as we can, and he feels so awful asking for help.

Thanks Irishbird, you sound very knowledgeable! I wil wait and see now what he is told on Weds and keep you posted.

triplets - as an ex legal secretary i know first hand how much a secretary inputs into the running/dealing of a file HOWEVER his lawyer is charging probably between £150-£200 per hour (albeit not paid by your brother) so if the secretary is away surely his actual lawyer can be liaising with him?!

Hi to you both,
Will xee my brother this morning and pass all of this on. The trouble with him is he is so depressed he has no fight in him, being on his owm, his wife left 7 years ago, he carries a huge chip on his shoulder and just cannot cope with anything atm.