Personal injury and Court of Protection
Specialist investment and financial planning advice for individuals who have received a personal injury settlement and their legal representatives
Receiving a personal injury settlement brings important decisions that can affect long-term financial security. Careful planning is essential to ensure the settlement is managed effectively.
At Evelyn Partners, we have experts dedicated to working with individuals who have received settlements, their families and their legal representatives. We provide tailored financial planning and investment advice to meet the unique needs of each individual, considering their financial sophistication, the nature and severity of their injuries and their financial needs. Our goal is to help make sure settlements stand the best chance of supporting financial requirements throughout a lifetime.
Where individuals don’t have capacity to make decisions for themselves, we offer comprehensive financial planning and investment advice to Deputies or Guardians appointed by the Court to make decisions on their behalf. This helps ensure that their financial affairs are managed prudently and in their best interests. Our services also extend to supporting Trustees – both professional and otherwise – in managing personal injury trusts and trusts on behalf of children and those with disabilities. We help ensure that the funds are used appropriately and effectively to meet the beneficiary’s needs while also supporting Trustees in meeting their obligations.
The Office of the Public Guardian in Scotland carries out a similar role to the Court of Protection in England and Wales.
Pre-settlement services – for litigators, Claimants and their families
As financial decisions in relation to a Claimant’s final settlement can be complex, litigation teams and families need expert support to help ensure the best outcome for the Claimant’s financial future.
Our team is on hand to offer expert witness services to help support these important decisions.
Post-settlement services for individuals, trustees of personal injury trusts, deputies and guardians
Our goal is to ensure that individuals not only benefit from the best possible advice but also feel informed and confident of their financial future. With all investing, your capital is at risk and you may not get back the amount invested. We can provide:
- Investment management - Our services are underpinned by a disciplined investment process and delivered by some of the UK’s most experienced and highly qualified investment professionals. Our aim is to achieve the best possible return for individuals without exceeding the agreed risk profile
- Ethical and sustainable investments - Experienced in ethical and sustainable investment, we have a dedicated central investment process for ethical and ESG screening and are a signatory to the United Nations Principles for Responsible Investment (UNPRI)
- Sharia principled investing - Our Sharia investment solutions support long-term growth while adhering to Islamic principles, avoiding prohibited activities (haram) and interest-based transactions (riba)
- Budgeting and lifelong cashflow modelling - By carefully planning finances, we help individuals and their representatives ensure funds last for as long as possible
- Bespoke financial planning - We take time to fully understand the client’s long-term financial needs in order to recommend how they can best be met from available resources
- Due diligence reports - we carry out an independent analysis of existing financial plans or investment portfolios to ensure that lifetime needs are being addressed as effectively as possible. This review service supports trustees, deputies and guardians in meeting their obligations
- Periodical payment checks - Defendants’ calculations are checked on an annual basis to ensure that individuals receive the settlement income that they are entitled to
Structure of a settlement
Receiving a settlement as a lump sum may not always be the most suitable and financially secure option for the Claimant.
Our team has extensive experience in analysing a Claimant’s past and future losses to understand the most suitable form of settlement to best ensure the Claimant’s lifetime financial needs can be met.
We consider the Claimant’s personal circumstances and financial needs – both now and as they are expected to change in the future. We also take into account any preferences the Claimant, their families and their legal team may have. These considerations are carefully balanced with the need to ensure the settlement can maintain its value over the long term, giving it the best chance of lasting throughout the Claimant’s lifetime.
Trusts for children
Where children are receiving settlements – because of their own injuries or as part of a dependency claim – our experts provide financial advice to litigation teams and families in relation to establishing trusts. This helps protect their financial interests while allowing their ongoing needs to be met.
Our pre-settlement reports are all available on an expert witness basis, and our experts can also spend time with the Claimant and their family.
Please get in touch to discuss your needs
Our experienced team, which includes investment managers and financial planners, is dedicated to working with people affected by serious injury or whose financial affairs are in the hands of the Court. Wherever a client lives in the UK, we can provide expert advice in person. Please get in touch today to discuss your needs.
Frequently asked questions
Personal injury or clinical negligence settlements in the UK are designed to cover long-term needs, such as medical care, rehabilitation and daily living expenses. Proper financial planning ensures that the settlement is managed effectively, providing for the individual’s needs throughout their lifetime while considering factors like inflation and changes to care costs or benefits entitlements.
A personal injury trust allows the settlement funds to be held separately from personal assets, protecting them from being assessed as part of savings when claiming means-tested benefits like universal credit or housing benefit. Setting up this trust ensures that the settlement can be accessed while maintaining eligibility for government support.
A specialist financial adviser will assess the individual’s specific circumstances, including their current and future care needs, risk tolerance and how long the settlement needs to last. They will also consider UK-specific factors, such as tax rules, interest rates and inflation, to create a strategy that balances preserving the settlement and providing a sustainable income, if required.
Yes, investment strategies in the UK can be designed to provide both growth and access to the funds. For instance, we will make sure that funds are accessible for immediate needs, alongside longer-term investments to sustain the settlement. The financial adviser will structure this based on the requirements of the individual.