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.