One personal injury solicitor has recently won an appeal for a divorced man previously ordered to surrender half of his personal injury compensation award to an ex-wife.
41 year old Kevin Mansfield was involved in a serious pa road traffic accident in 1992. The then-student suffered such severe and debilitating injuries that one of his legs needed to be amputated. After he filed a personal injury claim against the driver he was awarded a £500,000 compensation award to aid in the costs incurred by his new disability.
Five years after the accident, Mr Mansfield met and married his wife Catherine. While they divorced in 2008 they had two children together in the meantime. However a May 2010 divorce court ordered that Catherine was entitled to £285,000 of his injury settlement in the interest of putting all his resources into consideration.
Mr Mansfield’s personal injury solicitor returned to court in order to argue that the judge’s ruling was inconsistent with his needs as a person coping with a disability. The ruling would necessitate Mr Masfield to sell the house he had purchased and adapted for his disability, he argued.
Mr Masfield recently won the right to appeal the decision from Lady Justice Black. He will now take his case to the Court of Appeal to have it heard a second time.
Mr Masfield stated that the situation he finds himself in could happen to nearly anyone. Additionally he stated that members of the armed forces that sustain debilitating injuries could have their compensation payouts placed in jeopardy as well if they found themselves in a similar situation.
Many legal experts agree that individuals concerned about the future of their assets should consult with an experienced and knowledgeable law firm.