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Claiming injury compensation on behalf of someone else

By Ian Morris | Updated July 21st, 2022

18 questions have been answered on this subject, why not ask your own?

The legal right to make a claim for injury compensation is something the majority of people are aware of. But what if the person to whom the claim would relate is incapacitated because of their injuries, or even worse was killed in the accident? Can you make a claim for injury compensation on their behalf? You’ll be pleased to know that in much the same way as claiming compensation for a child who gets injured, you can claim on behalf of others too.

In this article, we look at two scenarios. Firstly, where someone is incapable of making a claim for themselves, whether that is due to the injuries that they have sustained or because of other health issues that may prevent them from being able to manage a claim and make the decisions needed during the claims process by themselves. Secondly, we’ll discuss what you can do in the event that a close family member has been killed in an accident and you wish to make a claim for injury compensation for their estate to cover the loss of their life and their income.

Claiming on behalf of someone who is incapable

There are many people who require the assistance of others (usually next-of-kin family members) with their day-to-day life. Whether an elderly person with health issues such as dementia, someone with mental health issues or even a severe physical disability. In these cases, there is usually a legal guardianship or recognition as a carer in place for someone close to that person.

If your family member or dependent is not able to manage their own affairs, you may be wondering how best to go about assisting them with a claim for injury compensation. You may wonder what motivation there would be in claiming injury compensation for someone who has limited freedoms. However, it could be that the injuries that they have sustained in the accident will greatly reduce any freedoms that they previously enjoyed. It may be that they require additional care and support or have incurred additional costs for care or alterations to their home or equipment. These costs could be met by any potential settlement value that is obtained for them.

If you already have power of attorney or are registered as someone’s legal guardian or carer, the process will be simple. You may be the persons legal next-of-kin, in which case it is also easy. Even if you are unsure as to who has this power or don’t know who someone’s next of kin is, we can help you to take things further.

Claiming injury compensation after a death

In the event that someone close to you has passed away, dealing with a claim for injury compensation can appear to be a traumatic and difficult process. Whilst it will never be easy, if they were killed in an accident you should be prepared to discuss the event that lead to their death as there is a need to explain the course of events that lead to the claim for compensation. Some people find this process easier than others and we will take your lead in handling this process in the way you feel most comfortable. Whether you wish to deal with it over the phone, in person or even in writing. In some cases, the death will not be related to the accident, but you can still make a claim.

When it comes to the level of compensation that may be obtained from a successful claim, the final settlement value amounts can vary greatly. This is due to an odd quirk in British law. The value for a fatal injury in itself is not particularly high. However, the final value of a compensation settlement can be very substantial if the deceased person was a provider or major breadwinner. For example, if the fatally injured person was a parent, supporting a spouse and children, paying a mortgage etc, a successful claim would include a very large settlement to cover the future loss of wages and income that the deceased person would otherwise have provided. However, if the fatally injured person had no children, was single and provided for no other people, their next of kin would be entitled to a settlement but the amount will only cover the fatal injury.

Should you have any queries or not fully understand your rights in this area, please do contact us for a confidential and no obligation conversation. Our main goal in what we do is to help people get the justice that they deserve and we’ll be happy to offer some support and guidance should you wish to seek it.

18 questions have been answered on this subject, why not ask your own?

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    Questions

    Read on for questions and advice about claiming...

    The injury happened more than 3 years ago, is it too late ?

    Ian Morris

    UK Law requires claimants to pursue a claim within 3 years of the date of an accident – the only exception is for people under the age of 18 at the time of their accident, in which case their limitation period will expire on their 21st Birthday.

    Reply

    Hi, my elderly mother was a victim of a hit and run accident, electric bike, last July 2019, I am my Mother’s carer, her daughter and she now lives with me. My mother suffered a bleed on the brain, severe bruising, some facial injuries and injured her hand also. I wish to put the claim in on her behalf as she gets too stressed to do it herself, if you could forward an application form it would be much appreciated thank you.

    Ian Morris

    If a person is injured on a bike by an uninsured or untraced vehicle, they have the right to pursue a claim for personal injury compensation via the Motor Insurers Bureau (MIB). A claim can be made directly to the MIB without legal representation (an application can be made via the MIB website). However, our Solicitors can manage such a claim for a client on a No Win No Fee basis and ensure that their legal rights are upheld and that the claim is handled appropriately.

    If you would like to speak with our Solicitors about a potential claim for your Mother, please call us on 01225430285 so that we can take some initial details and then have the Solicitors contact you to discuss the matter in more detail.

    Reply

    Hi, after working as a miner all his life my dad developed white finger . He put it for a claim Before he died he had been to doctors and it is on his records. He died in 2000 and until now I didn’t realise that I could claim his compensation as next of kin . I don’t know what company he was claiming through . Can you offer any advice on how to find out or if you could help me go further. Many thanks.

    Ian Morris

    If your father had already made a VWF claim before his death, that claim will be the final act that can be pursued on this matter and you will need to investigate that matter as the next of kin. If he did not make a claim, it is likely that it would now be deemed to be out of limitation given the time that has passed since he became aware of the condition.

    Reply

    My mother was injured by a tv unit falling off a wall and landing on her whilst in hospital. The company that own the tv units has admitted liability but unfortunately my mother has recently died and although has instructed me to pursue this our power of attorney hadn’t been finalised before hand. The insurance company want proof that I am able to claim on her behalf (as I’d promised her) how can I prove this?

    Ian Morris

    In cases where someone passes away during a claim, if the legal provision for power of attorney for such affairs is not in place before they pass, the claim may then be pursued by the legal next of kin. In your case, that could be the Husband or legal partner of your Mother (if there is one) or her Children.

    Reply

    My elderly mum fell and broke her hip in hospital she suffers from severe dementia. I’m one of 3 brothers can one of the other 2 make a personal injury claim without our knowledge?

    Ian Morris

    In the case you describe, the only person who can make a personal injury claim would be either your Mother or someone who has legal power of attorney to act on her behalf.

    Reply

    My elderly mother was knocked over by a motorised bike in July last year and sustained injuries. The person involved pleaded guilty to the offence in court. My mother wants to make a claim but feels it is all too much for her at the moment hence I am asking if I can do this on her behalf?

    Ian Morris

    Unless you have legal power of attorney to act for your Mother, you cannot formally make a claim for her. However, you could get everything in place for her in the first instance so that a claim could proceed. Your Mother would then only need to sign the initial instruction document to allow a Solicitor to act on a No Win No Fee basis and give the occasional instruction to her Solicitor – and you could assist her through the process.

    With our claims service, there is very little hassle from a clients perspective. We keep the claim stress free and I feel we could help your Mother make her claim with your assistance.

    Reply

    My mother tripped and fell on a badly maintained public footpath and has broken her right shoulder (she is right handed) so is unable to use her arm in any way, thus rendering her incapacitated. Can I pursue a claim on her behalf as her daughter and next of kin?

    Ian Morris

    If you have an existing power of attorney for your Mother, you can pursue the claim on her behalf and instruct a specialist Solicitor to act for her. However, if not and your Mother usually has full control of her day-to-day life, she would have to pursue this herself. However, we realise that some people, especially the elderly and vulnerable will require and wish for help from a trusted family member. To this end, you can make the initial enquiries and be the point of contact for your Mother, but it would be your Mother that would have to physically ‘instruct’ the Solicitor by signing any No Win No Fee agreement or agreeing to a suggested course of action.

    To give your Mother’s claim the best chance of success, you must make sure that some photographic evidence is obtained of the disrepaired pavement surface. Photographs of the accident site should show close up photographs of the actual tripping hazard, ideally with a measurement visible along with photographs showing the general area and landmarks adjacent to the site in order to prove the location.

    Reply

    Hi . My husband had filed a case with a lawyer regarding police brutality. Now that he is deceased and passed away due to a botched hijacking in March 2017, the lawyer has advised that the case will be dropped and that only My husband can claim due to personal injury. My question is I don’t want the policemen involved to get away with what they did. As a spouse I want justice and for this not to happen to another innocent person.. why can’t I claim on my late husbands behalf?

    Ian Morris

    In the United Kingdom, which is the legal jurisdiction in which Direct2Compensation operates, the legal next of kin of a deceased person is able to pursue a claim in the name of the deceased, as long as it is done within the legally defined claim limitation period of 3-years from the date of an accident.

    In most cases, the legal next of kin will be a surviving spouse, child or parent of the deceased.

    Reply

    My 93 year mother has suffered a fractured upper thigh and has consequently had a half a hip replacement operation and may never be able to walk independently as before. This accident occurred as she was entering a supermarket, and the doors closed over behind her before she was completely inside the shop, the automatic doors clipped her on the back of the heel before she was completely inside the shop, causing her to fall. She subsequently underwent a 2hour operation, for a half hip replacement, was kept in the recovery overnight as her blood oxygen was low, and she had to be monitored. She is still in hospital, she will require to go into a respite home and undergo a lengthy course of physiotherapy and occupational care, to be able to come to terms with, and adjust to this most serious health situation for some months to come.
    She will be undergoing emotional upset and stress, undoubtedly she will suffer pain and discomfort, she will be unable to return to her comfortable home for an extended period of time, and also, my elderly father, also approaching 93, will undergo immense stress and worry, and will be living at home alone until my mother hopefully recovers from this most unfortunate condition that she will have to endure.

    Please advise, thank you.

    Ian Morris

    What a very distressing incident for you all and I really feel for your elderly Mother. We all know that injuries are far more serious when age is against us and the recovery from such injuries is far more restricted than it would be if she were younger.

    We have succeeded with very similar claims in the past – when automatic doors have slammed on people getting in and out of shops, busses and similar places.

    We would be very happy to help you get a specialist solicitor working on this claim for your Mother.

    I very much look forward to hearing from you.

    Reply
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