Legal Guides

When can I claim compensation on behalf of someone else?

You can claim compensation on behalf of someone else for the following situations:

• Claiming compensation on behalf of a minor (person under 18 years of age)
• A birth injury has occurred
• A pre-existing condition that affects the person’s decision making
• Claiming on behalf of a deceased person

Making a claim on behalf of a minor

When a minor is injured in an accident, it can be quite upsetting for the parents/guardians. Seeing your child or a child you have care for, endure an injury can be exceedingly difficult for a parent or guardian to witness. If your child has been injured in an accident caused by someone else’s negligence, then the circumstances may warrant you to pursue a child personal injury claim on the minor’s behalf.

For more information on this topic, visit our Child Personal Injury Claims page.

Birth Injury Claims

Birth injuries can arise as a result of mismanagement of pregnancy, delivery or aftercare. In some cases, injury is not always immediately noticeable at birth. In some cases, the injuries to the infant can manifest after months or years following birth.

New-borns can suffer from two different types of medical issues following birth:

• Birth Injuries
• Birth Defects

For more information on this matter, visit our Birth Injury Claims page.

Making a claim for an individual with a pre-existing condition

The Assisted Decision Making (Capacity) Act 2015, which is a piece of government legislation aimed at safeguarding and increasing accessibility for vulnerable people.

A claim can be brought forward on the behalf of someone else if the injured party has a pre-existing condition that prevents them from making decisions on their own or fully comprehending the legal procedure of making a claim.

Some pre-existing conditions include:

• Dementia
• Alzheimer’s disease
• Severe autism or another learning disability
• Stroke
• A mental health condition, such as clinical depression or bipolar disorder
• Individuals who may have suffered a brain injury and have been left unable to make decisions for themselves.

Making a claim on behalf of a deceased individual

Filing a claim on behalf of someone else who has passed away as a result of the accident and their injuries, can be very difficult. In this event, although the loss cannot be compensated for, the financial burden that their dependents bear thereafter can be alleviated through the fatal accidents claims process.

Fatal accident claims or fatal injury actions arise in situations where a person has died as a result of the wrongful acts of another person. It is the dependants of a deceased person that bring a fatal accident claim against that wrongdoer.

The relevant legislation (Part 4 of the Civil Liability Act, 1961) states that only one claim may be brought against the same person in respect of the death. If you have had the terrible experience of losing a loved one and think you may qualify for a fatal accident claim, it is important to contact a personal injury solicitor.