Claiming injury compensation on behalf of someone else

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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.

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Questions & Answers

  1. James

    So about a year ago a flight was cancelled that me and a partner was on. I put a claim in on behalf of both of us, 2 weeks after we separated and she left the uk and went back to her home country. The claim was put into my account a few months latter. So my question is do I have to give her her part of the claim although we aren’t together and she is in another country? The figure is only around £300 that I would have to give her.

    • Ian Morris

      Although you are not asking a question related to personal injury compensation, we would advise that you do ensure that any compensation settlement paid to you that is part of a claim for someone else should always be paid to the claimant themselves. Clearly the claim you have settled was settled on the basis of 2 persons and the loss for both persons. As such, half of the settlement you have received belongs to your ex-partner.

  2. Sarah Parker

    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.

  3. Denise

    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.

  4. Valerie Papoutsis

    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.

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