Author Archives: Mark Thompson

About Mark Thompson

Personal injury and accident specialist solicitor

How much does it cost to set up a personal injury trust?

What is the charge or fee for preparing a personal injury trust? I charge a fixed fee of £400 plus VAT, that is £480 including VAT.

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Protect Armed Forces Compensation Scheme payments with a trust

Compensation received under the Armed Forces Compensation Scheme can reduce or stop entitlement to means-tested benefits. The answer is to set up a trust for what is personal injury compensation.

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Personal injury trusts and how I can help

Personal injury trusts – how I can help My aim is to help you decide if a personal injury trust is right for you. I deal with most clients by telephone, email and letter and a meeting is rarely necessary. … Continue reading

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Personal injury trust

You can keep your compensation and still claim means-tested benefits if your compensation is protected by a personal injury trust. Personal injury trust or special needs trust or compensation protection trust and protection of State means-tested benefits. All names used … Continue reading

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I do not claim benefits so do I need a personal injury trust?

I received a call from a lady who had just received a cheque for £20,000 compensation from a personal injury claim. Neither she nor anyone in her family were claiming means-tested benefits; but she intended to save the money for … Continue reading

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I may need a personal injury trust

I have been told I may need a personal injury trust by my personal injury solicitor A personal injury trust is the only legitimate way to hold compensation and still receive state means-tested benefits. A personal injury trust is an … Continue reading

Posted in Personal injury trust | Tagged , | 65 Comments

How to set up a personal injury trust

Setting up a personal injury trust does not have to be complicated or expensive. I will offer a fixed fee in most cases. At the moment I offer a fixed fee of £480 including VAT for a bare trust. I … Continue reading

Posted in Personal injury trust | 40 Comments

Pros and cons of setting up a personal injury trust

To help you make your decision I have set out the pros and cons of setting up a personal injury trust. For this comparison I will deal only with a bare trust. Pros: Compensation ignored when assessing your entitlement to … Continue reading

Posted in Personal injury trust | 15 Comments

A message for solicitors on personal injury trusts

Mark Thompson explains how to properly protect a claimant’s compensation Your client is currently in receipt of means-tested benefits and is to receive an interim payment of £5,000. What should you advise? Some might say that £5,000 is below the … Continue reading

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Compensation protection trust

Compensation protection trust Compensation protection trust is one of the names given to a trust designed to ensure that personal injury compensation is not taken into account if you claim means-tested benefits or need local authority support for residential care. … Continue reading

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52 weeks to create a personal injury trust?

Is there a time limit of 52 weeks for setting up a personal injury trust? There is no time limit within which a trust to protect compensation must be set up. The best approach is to set up a trust … Continue reading

Posted in Personal injury trust | 37 Comments

I have received personal injury compensation and I claim means-tested benefits

Receiving means-tested benefits depends on the money held by you and those included in your claim. The usual barrier to a claim is holding £16,000, but if you hold more than £6,000 your benefit entitlement is reduced. When you receive … Continue reading

Posted in Personal injury trust | 141 Comments

Why aren’t there more personal injury trusts?

You can see from the questions I am asked there is a shortage of clear advice about compensation protection trusts, or personal injury trusts as they are better known. The banks and building societies often lack experience of opening accounts … Continue reading

Posted in Personal injury trust | 2 Comments

Who must I tell about my personal injury trust?

If you have received compensation for personal injury you must inform the agencies handling your claim for means-tested benefits. It is the change in your financial circumstances which makes notice necessary. If I prepare a trust for you I will inform … Continue reading

Posted in Personal injury trust | 21 Comments

What personal injury payments can be protected by a personal injury trust?

A personal injury trust can protect most payments made in consequence of a personal injury The regulations which govern entitlement to means-tested benefits tell us what sums are taken into account and which are ignored. Among those ignored are “Any … Continue reading

Posted in Personal injury trust | 4 Comments

Teenager ran into road hit by car travelling within speed limit

A driver travelling below the speed limit can still be at fault As a basic principle if a car hits a pedestrian the driver of the car will be liable for the pedestrian’s injury. The pedestrian must also take care … Continue reading

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Qualified one way costs shifting

QOCS is the catchy shortened version. Since 1 April 2013 a new concept has been introduced for personal injury cases. If a Claimant’s case fails the unsuccessful Claimant does not have to pay the legal costs of the successful Defendant, … Continue reading

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Personal injury trusts and working tax credits

Most means tests for benefits look at your capital and income. Working tax credits looks at your income alone, so what protection is provided by a personal injury trust? I was asked a question by a man confused by the … Continue reading

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Time limits for compensation claim for industrial disease

Time limits can prevent a compensation claim for industrial disease. A case for compensation following an accident is time-barred or out of time if Court proceedings are not commenced within three years of the accident. The date by which the … Continue reading

Posted in Industrial disease | 6 Comments

Best bank or building society account for personal injury trust

To create a trust for personal injury compensation you need a trust deed. This is a legal document which creates the trust and appoints your trustees. Once your trust document is complete the next step is for the trustees to … Continue reading

Posted in Personal injury trust | Tagged , | 170 Comments

Should the NHS be paying care and treatment costs?

Should the NHS be paying care and treatment costs, and how can you question a decision? The way to argue the point is to request a review of the decision of the NHS body which has  declined care under the … Continue reading

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Asbestos compensation can be won from a parent company

What if you worked for a company many years ago and were exposed to asbestos? You contract an asbestos related industrial disease and seek compensation. You then find the company you worked for no longer exists, and the insurance policy … Continue reading

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Is there a safe speed for a motorcycle overtaking a stationary traffic queue?

If a motorcyclist is overtaking a line of traffic and hits a vehicle which pulls out of that line a claim for compensation will be defended. The argument is the motorcycle was being ridden too fast, or filtering was not … Continue reading

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Headway Devon Annual Regional Conference & Exhibition

Headway Devon are running their Annual Regional Conference & Exhibition conference on  The Cost of Brain Injury  on Friday 19th October 2012 Venue: The Exeter Suite, Sandy Park, Conference Centre, Sandy Park Way, Exeter, Devon The confirmed speakers are:

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Personal injury trusts and the cost of long term care

A personal injury trust can be a very good idea even if you are not receiving State means-tested benefits or local authority care. You must consider your situation today,  your situation in the future, and do exactly the same for … Continue reading

Posted in Personal injury trust | 9 Comments

Bradley Wiggins calls for law to wear cycle helmets

Olympic time trial gold medallist Bradley Wiggins wants cycling helmets to be made compulsory after a man was knocked down and killed by an official London Olympics 2012 bus just outside the stadium last night. The accident occurred just before … Continue reading

Posted in Cycling accidents | 3 Comments

Child seat not of correct size

A sad case which explains the approach which will be taken by Courts where a child is not sitting in the correct child safety seat. A child called Emma was sitting in the rear of her mum’s car. They were … Continue reading

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Cyclist rides from pavement into car’s path

A 16 year old cyclist was riding along the pavement came into the road and was hit by a car travelling in the same direction. The accident occurred at about 8 p.m. The claimant had been to fetch his bicycle … Continue reading

Posted in Cycling accidents | 1 Comment

Highway must be dangerous

Road accidents caused by roads in poor condition are not always easy to pursue against the highway authority. This might seem odd, but the highways are maintained by the State, so the State gets to set the standard. Here is … Continue reading

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Pedestrian taking a risk pays in contributory negligence

There is a trend in Court decisions where a driver is found to blame, but the pedestrian, cyclist or motorcyclist involved is found partly to blame. That means they have contributed to their injury – contributory negligence. The theme in … Continue reading

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Motorcycle filtering past traffic queue

Ben was riding a Derbi GPR50 motorcycle on the A143 in the Great Barton area. In his direction traffic was queuing because of road works ahead. He decided to overtake the queue, but ran into the front of a coach … Continue reading

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Horse and rider accident with campervan

Horse and rider in accident with camper van I come across equestrian accidents as I operate in an area where horse riding is very popular. Take a careful look at the facts of this case and decide the case for … Continue reading

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Cyclist jumps red light and wins compensation

Cyclist jumps a red traffic light and still wins compensation – but only just. An accident between a cyclist and a taxi car happened at a T-junction controlled by traffic lights. The taxi went across the junction on a green … Continue reading

Posted in Cycling accidents | 1 Comment

Child brain injury and rehabilitation

Rehabilitation can make a real difference in acquired brain injury cases, particularly for child acquired brain injury. If there is a clear case for compensation rehabilitation can be provided through the Rehabilitation Code. The rehabilitation is paid for by the … Continue reading

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Cylcling helmets and compensation for cycle accidents

Cycling helmets When I act for a cyclist involved in an accident I always ask if a helmet was worn. The reason is that failure to wear a helmet can be used to reduce your compensation after a cycle accident. … Continue reading

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Uninsured loss

Uninsured loss Uninsured losses are those items of expense which are not covered by your own insurance policy. They usually crop up after a road accident. If you have third party cover you only have cover for the damage you … Continue reading

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Legal cover and legal protection

Legal cover or legal protection are terms used for legal expenses insurance Legal expenses insurance is designed to allow you to bring a compensation case without worrying about having to pay legal costs. I think of it as allowing the … Continue reading

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Changes to personal injury compensation claims

Why are changes coming to personal injury compensation claims? The insurance industry lobby has won its argument that too many people are claiming compensation or personal injury and that the legal costs they pay are too high. If you do … Continue reading

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Paying the cost of personal injury claim

Paying the cost of a personal injury claim Today a claimant bringing a personal injury compensation case can be protected from the risk of paying the other side’s fees if the case goes wrong and you have to pay legal … Continue reading

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If you worked with asbestos keep a record

I recently met an old friend, David Carter, who remains a great friend and representative to all those who worked in the Devonport Royal Dockyard at Plymouth. He has long been an adviser to those who have suffered the consequences … Continue reading

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Wear a cycle helmet

Wear a cycle helmet If this short film by James Cracknell does not convince you to wear a cycle helmet, nothing will. Please watch and wear that helmet.

Posted in Cycling accidents, Fatal accident | 4 Comments

Pedestrians at risk from falling trees

The danger of falling trees and branches The danger from falling trees We look at trees as a benign benefit of nature, but when they fall the consequences can be awful. The law approaches fall trees or falling branches as … Continue reading

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Pedestrian road accident

How careful must a driver be? Children playing in street – take extra care Where a pedestrian is struck by a vehicle the driver of the vehicle is usually to blame for failing to take reasonable care. As ever there … Continue reading

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Liability is admitted

Liability is admitted – can I relax? The defendant has admitted liability, or the insurance company for the Defendant has admitted liability. Admitting liability is quite common in personal injury compensation case. The Claimant and their representatives relax as the … Continue reading

Posted in Compensation for injury, Explanation of compensation | Tagged , , | 4 Comments

Referral fees – the truth

The truth about referral fees This page is only of historical interest now, as referral fees cannot now be paid by solicitors for personal injury cases since 1 April 2013. There are so many headlines and so few facts about … Continue reading

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50/50 50:50 50-50 fifty fifty

50/50 50:50 50-50 fifty fifty 50/50 is a term used where it is thought the blame for an accident is equally shared between those involved. The term is often used by insurance companies who want to reduce the payment they … Continue reading

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Gratuitous care in compensation claims

Gratuitous care If you have cared for the victim of accident or injury and the victim is entitled to recover compensation then a claim may be made for gratuitous care. Gratuitous care means care and attention above and beyond what … Continue reading

Posted in Explanation of compensation | 12 Comments

Mesothelioma – environmental risk of asbestos

How much asbestos exposure to prove mesothelioma compensation case? Mesothelioma is a cancer caused by asbestos. Unlike most asbestos related conditions such as pleural plaque, diffuse pleural plaque, and asbestosis, the cancer called mesothelioma can be caused without a good … Continue reading

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Google sued in US over walking directions

Looking for story about Google sued over walking directions. Our page address has changed.  Please click here for the page you need.

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Industrial deafness in the workplace

Industrial deafness still common workplace injury Industrial deafness as a workplace injury has been a known risk for many years. The problem of industrial deafness, and how to avoid it, has been known to employers for many years. As long … Continue reading

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Compensation recovery scheme – recoupment

Compensation recovery scheme State recovery of benefits paid after accident or injury – recoupment of benefits The State can recover benefits paid after accident or injury if the person injured brings a successful claim for compensation. Recovery is only possible … Continue reading

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Interim payment in personal injury

Interim payment in a personal injury case An interim payment is a payment on account of the compensation you are likely to receive in your claim for compensation. After an accident your earnings may be reduced or even stopped. You … Continue reading

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Legal expenses insurance according to Consumer Focus

What does legal expenses insurance mean to you? Consumer Focus set out to see what legal expenses insurance means to you. Legal expenses insurance, sometimes called before the event insurance, is sold very effectively, but not explained well in my … Continue reading

Posted in Explanation of compensation | 2 Comments

Accident compensation claims repay NHS

The cost of motor insurance and the NHS factor If you bring a successful compensation case after an accident which involves an insured vehicle the Government can reclaim the cost of NHS treatment from the insurer of that vehicle. You … Continue reading

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Rehabilitation after accident

Rehabilitation in personal injury compensation claims Why and how rehabilitation can work for you You will appreciate from other pages of this site that my aim is to achieve maximum compensation for my clients. I also try to gain the … Continue reading

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Employers’ liability for personal injury at work

Employers’ liability Workplace accident claim The case if Vaile v Havering London Borough Council is case is a good example of a workplace accident claim. The decision is based on the law of negligence. Negligence is the failure to take … Continue reading

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Personal Injury accident at Work

Personal Injury at Work How to avoid accidents and injury at work I started my career as a personal injury solicitor working for those who suffered personal injury at work. What is striking is that although the law has been … Continue reading

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Workplace accident claim

Workplace accident claim Workplace accidents are avoidable which means accidents at work should not happen. Compensation can be claimed for the consequences of a workplace accident. The workplace must be risk assessed to avoid accidents and injury at work. If … Continue reading

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Transport Committee – report on rising insurance cost

Report of transport committee of House of Commons 11 March 2011 I am pleased to bring you the Committee findings as I was one of those who provided evidence. Fraud is one of the main factors driving up the cost … Continue reading

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Health and safety and common sense

Carelessness and the lack of forethought cause accidents and poor medical treatment, not compensation. Continue reading

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Motor insurance premiums rising

Motor insurance premiums are rising sharply On Tuesday 9 November 2010, the House of Commons transport committee is to ask the insurance companies why insurance premiums are rising. The media reported premiums have risen 51% in the past 12 months. … Continue reading

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Local authority care

The Court of Appeal was asked to decide if a public authority exercised its decision making powers correctly.
The point at issue was whether the Council could change the help it gave without a change in a person’s circumstances.
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Identifying risk of injury to employees – protective equipment

Explanation of employer’s duty to prevent risks and protect by use of personal protective equipment – gloves in this example. Continue reading

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Compensation culture – do we have one?

Lord Young admitted that the “perception” of a growing compensation culture was not wholly supported by the facts, although the NHS Litigation Authority had seen a 10 per cent annual rise in claims during the last two years. Continue reading

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More confusion for asbestos victims

Who should pay for asbestos injury? Many headlines and reports were written about an asbestos decision made in The Court of Appeal on 8 October 2010. The case was called the employers’ liability “trigger litigation.” The issue was whether an … Continue reading

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Complaints and the Legal Ombudsman

How the Legal Ombudsman will approach resolving complaints From 6 October 2010 the Legal Ombudsman will play a significant role in resolving complaints about legal service, and solicitors must tell their clients about the right to complain. The Legal Ombudsman … Continue reading

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Contributory negligence examples

The concept of contributory negligence is based on a claimant being partly responsible for the damage. The clearest example is a car driver who does not wear a seat belt. Not wearing the seat belt does not cause the accident, but it contributes to the damage – the injury. Continue reading

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Tracing insurance company – industrial disease

Tracing employers’ liability insurers The need to trace the employers’ liability insurer of a company arises when a personal injury claim is to be made based on employment many years ago. Cases involving asbestos exposure and industrial deafness are the … Continue reading

Posted in Asbestos, Industrial disease | 1 Comment

Work at Height Regulations 2005

Safety when working at height Historically most personal injury cases were based in the law of negligence. Negligence is the failure to take reasonable care to avoid likely injury. Over recent years health and safety regulations have been brought into … Continue reading

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Motorcycle filtering through traffic

Motorcycle, scooter and moped filtering in and past traffic Filtering through traffic is one of the many advantages of riding a motorcycle, a scooter, or a moped. The downside is that it is one of the most dangerous things you … Continue reading

Posted in Accident examples, Motorcycle accidents | Tagged , , , , , | 2 Comments

Complain about a solicitor

Complain about solicitor You might think this an odd topic for a solicitor’s website. I take the view we should be as open as possible about problems, and the Law Society seems to agree. I will set out why complaints … Continue reading

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Pleural plaques

Pleural plaques The inhalation of asbestos can cause disease in the lung tissues themselves and in the thin surface membranes that cover the lungs – the pleurae. Pleural plaques are discrete localised areas of fibrosis that typically affect the lining … Continue reading

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Recovering cost of hospice care in asbestos compensation case

DAMAGES — Personal injuries — Hospice care — Deceased contracting lung cancer from exposure to asbestos in course of employment with defendant — Deceased’s estate seeking damages against employer and including claims on behalf of children, grandchildren and great grandchildren — Claim including costs of care incurred by hospice in providing gratuitous palliative treatment to deceased — Whether recoverable Continue reading

Posted in Asbestos, Fatal accident | 1 Comment

Third party capture

Third party capture Third party capture is the name given to a practice operated by some insurance companies after road traffic accidents. They know their own driver is at fault so the insurer will contact the innocent party direct, before … Continue reading

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Google sued over walking directions

Woman sues Google over Utah walking directions I came across a news report about a law suit in the United States against Google complaining its Google Map had given an unsafe pedestrian route. Extract from the report of 1 June … Continue reading

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Choose a solicitor

When choosing a personal injury solicitor you should make a personal choice. Your personal injury solicitor will have to understand how an accident has affected your life, your family life, and your work. Your finances will have to be discussed, and more than likely your medical records. All quite personal stuff, so a personal choice has to be made, not an internet comparison. Continue reading

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Referral fees

Referral fees are paid by solicitors for instructions Continue reading

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How is a personal injury solicitor paid?

How a personal injury solicitor is paid and how to protect yourself from costs awards Continue reading

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Inquest representation and public funding

Representation at an Inquest and the cost A very useful article appeared in the Law Society Gazette on Monday 17 May 2010 by Azmina Gulamhusein The charitable organisation INQUEST has criticised the current inquest system because ‘there is no equity … Continue reading

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Care and carers

Who cares for the carer? For all the best reasons we want to care when a family member is in need. My experience tells me that carers do not think about the toll the care regime takes on them. You … Continue reading

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Child head injury

Head injury and children I acted for a family, two of whom died in a road accident. A young girl was a rear seat passenger in the family car which was hit by a lorry. This case underlines how carefully … Continue reading

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Child acquired head injury

Acquired head injury in children Head injuries in children are difficult personal injury compensation cases and require experience and expertise. At the outset of such a case much time and effort is spend on the child’s medical, educational and financial … Continue reading

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Expert evidence

Expert evidence in compensation cases Only experts can give opinion in a compensation case, and the opinion must be limited to the field of expertise. A medical expert is the usual expert, but again the medical expert must keep to … Continue reading

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I want to change solicitor

Do you need to change your solicitor? I want to change my solicitor is something you might be thinking, but is it possible and how do you go about it? “Mark Thompson took over my personal injury claim after I … Continue reading

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Mitigation

Mitigation means keeping your losses to a minimum, reasonableness being the guiding factor. Continue reading

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Claim for self employed

Self employed – accident compensation I often act for self employed people. Running my own business gives me an understanding of the self employed, and the particular pressures and issues cases for compensation by the self employed involve. Someone on … Continue reading

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Paraplegia-spinal injury

Paraplegia In simple terms paraplegia means below waist level paralysis. In life terms every thing is different. I handled a case for a young soldier, who I will call John. He was off for the weekend, and got a lift … Continue reading

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Spinal injury

Spinal Injury Contributory negligence can reduce compensation significantly when the injury is serious I have pointed to the effect of a finding of contributory negligence elsewhere. The effect is greatest in the most severe injury cases, because the needs of … Continue reading

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Tractor turns right

Tractor turns right across overtaking motorcyclist A tractor turning right without indicating as a motorcyclist overtook had serious consequences. The rider was knocked off his bike and then run over. Many fractures were suffered, together with a head injury. The … Continue reading

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Contributory negligence

Contributory negligence Contributory negligence or partial fault is such an important subject and worthy of its own section. You can prove your case by showing you were injured by someone who did not take reasonable care for your safety. They … Continue reading

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Recovering costs

Recovering costs from the other side It might surprise you to learn there is no automatic rule which says if you win your case your costs will be paid by the losing side. It happens in the vast majority of … Continue reading

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Conditional fee agreement

Conditional fee agreement No win no fee Conditional fee agreement is the proper name for “no win no fee.” It means your own solicitors fees are only payable by you in the event of success. Success is defined in the … Continue reading

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Legal aid

Legal aid Legal aid is a thing of the past in most personal injury cases. The legal aid system was set up for the right reasons, to allow those who could not afford a solicitor, to use one. If the … Continue reading

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Legal expenses insurance

Legal expenses insurance Lots of people have this insurance as part of policies on their car, motorcycle, van or house. The policy can be bought as a stand alone policy, but few people search it out. The policy will allow … Continue reading

Posted in Legal costs | 6 Comments

No win no fee

No win no fee No win no fee is not an accurate term, and it does not tell you the whole story. The whole story might be boring, but until you have heard it you will not understand. Your only … Continue reading

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Credit hire

Credit hire Credit hire exists to provide a replacement vehicle after an accident. You as the hirer do not have to pay, as the bill is presented to the insurer of the person who caused the accident. To get a … Continue reading

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Politics of compensation

Politics of compensation Newspaper headlines tell you of large compensation awards, fraudulent claims, or the rising cost of road accident claims to insurers. What you do not read is how organisations are reimbursed as a result of a compensation case … Continue reading

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Compensation – good thing?

Compensation – good or bad thing? The need to seek compensation must be a bad thing, but the ability to recover it must be a good thing. Nobody wants to be injured so nobody wants compensation. If something does go … Continue reading

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Acquired brain injury

Brain injury There are many causes of brain injury. Acquired brain injury is a term which covers all situations in which brain injury has occurred since birth, and includes injury from trauma/injury, as well as tumour, stroke, haemorrhage and encephalitis, … Continue reading

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Fatal accident

Fatal accidents “I have had the worse three years of my life due to the death of my partner at work. Mr. Thompson was very understanding and helped me in more ways than he could ever imagine. I’m so grateful … Continue reading

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