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Are you ready to make a compensation claim for a family member that's unable to do so themselves?
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Making a compensation claim for a family member?
Do you think a family member is the victim of medical negligence? If the answer is “Yes”, you might ultimately want to make a claim on their behalf. Ultimately, it’s possible to do this, providing the injured person in question is one of two things.
- In short, the person in question is under the age of 18.
- Also, they can’t claim themselves due to struggles with mental capacity or the nature of their illness/injuries.
In this case, you would act as “Litigation Friend” for your family member. That requires that you must direct the legal proceedings for them.
Difficulty in Proving
Medical negligence claims are often more difficult to prove than other types of legal claim. The reason is that you will need to establish the medical treatment your family member received was below acceptable standards. Although this sounds simple, the definition of ‘acceptable treatment’ and “acceptable standard of care” changes from case to case.
Determining what the minimum standard of care your family member should receive forms the crux of your medical negligence claim. It’s often the result of testimony and consultation from experts on either side of the claim.
For instance, you may claim on behalf of a child who under the age of 18 when they had treatment. In turn, they suffer an injury or illness as a result of negligent care. They will not be able to handle the legal proceedings involved in making a claim for compensation. Moreover, they may not even know or understand whether or not the care and treatment they receive are acceptable.
So it’s crucial you’re able to act in their best interest regarding accident claims to ensure they receive what they deserve. The severity of medical negligence claims varies from case to case. Often, your family member may merely have experienced mild pain or injuries and inconvenience.
However, in other situations, they may have sustained significant physical or mental trauma. This damage may result in them being unable to make a claim for themselves. In this instance, you could step in and make a claim on their behalf.
Fatal Accident and Other Worst-Case Scenarios
Sadly, in the very worst-case scenario, you may have lost a close relative due to negligent care. If this is the case, you would be within your rights to file a medical negligence claim for accident compensation.
A claim in the cause of death will focus primarily on the stress, grief, and emotional turmoil you realise. After all, no one expects to lose a family member, and it has a lasting effect on both you and those around you. However, there are also financial implications here, particularly if the victim of medical negligence:
- Was the sole breadwinner or;
- Made significant financial contributions to the household.
In these cases, the court will consider any financial loss when calculating your entitlement to compensation. Moreover, compensation isn’t just for spouses or parents. Reimbursement for loss of earnings is also available to a common-law partner, children, siblings, or other family members.*
We also realise that dealing with legal matters is the last thing you will want to do in these situations. After all, your first concern is the family member’s injury or illness. So if you need legal advice on behalf of a family member, get in touch now and The Medical Negligence Experts will fight on your behalf.
Remember: there is a strictly defined time limit for submitting a claim for medical negligence. Such is the case with any type of claim, including a claim for a family member’s right to adequate compensation. Therefore, get in touch with The Medical Negligence Experts today and ask how we can help.
Some other No Win No Fee cases we help with
The Medical Negligence Experts and our law firms are regulated by the Financial Conduct Authority.
In short, choose The Medical Negligence Experts. We maintain a No Win No Fee policy for a qualified injury solicitor combining dedication and commitment to cases. As our firms are members of the Solicitors Regulation Authority, it’s our commitment to handling your case ethically.
We also help with a variety of other medical negligence solicitor specialists. We have the expertise to handle a variety of compensation claims, whether we’re assisting you with:
- Slips, Trips, And Falls on NHS premises compensation claims.
- Personal Injury Claims.
- Clinical Negligence Claims.
- Misdiagnosis Claims.
- Medical Malpractice and Neglect Claims.
- Sepsis Negligence Claims.
- Nose Job Negligence Claims.
- Inheritance Claims.
*If the court determines they were financially dependent on the deceased party to any degree. Additionally, the court may consider if they will suffer financial hardship from death by medical negligence.