Compensation claim on behalf of deceased

Relative passed away in hospital and a narrative verdict was given . One family member wants to sue and has pursued solicitors. No-one else is interested . However would they be the one that the money was paid out to and not next of kin . Any knowledge of this please.  

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  • kaMelo
    kaMelo Posts: 2,284
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    edited 16 March 2023 at 1:56AM
    From what you've written I'm not sure who it is they want to sue and why but, leaving that and the money aside, before someone can sue they have to have a "cause of action" or the right to sue. Whilst it's possible to assign or sell that right, just being a relative does not automatically give someone that "cause of action" to sue on behalf their relative.
     
  • sheramber
    sheramber Posts: 18,636
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    Well, if no one else is interested why should they benefit from any payout?
  • MEM62
    MEM62 Posts: 4,671
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    michno8 said:
    However would they be the one that the money was paid out to and not next of kin . 
    Next-of-Kin has no legal status.  
  • Keep_pedalling
    Keep_pedalling Posts: 16,193
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    Did the verdict apportion any blame? What is the relationship of the claimant to the deceased? We’re they financially dependant to the deceased?
  • Sarahspangles
    Sarahspangles Posts: 1,131
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    MEM62 said:
    michno8 said:
    However would they be the one that the money was paid out to and not next of kin . 
    Next-of-Kin has no legal status.  
    Although NHS Resolution, who deal with compensation for negligence, explicitly use this term to describe those eligible to claim on behalf of someone who died due to negligent care.
  • MEM62
    MEM62 Posts: 4,671
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    MEM62 said:
    michno8 said:
    However would they be the one that the money was paid out to and not next of kin . 
    Next-of-Kin has no legal status.  
    Although NHS Resolution, who deal with compensation for negligence, explicitly use this term to describe those eligible to claim on behalf of someone who died due to negligent care.
    From The Gazette official Public Record

    "There can be confusion around the phrase ‘next of kin’, with many assuming there is someone who automatically becomes your next of kin and has the legal right to make decisions for you if you cannot make them for yourself. However, this is not the case. Next of kin has no real legal definition or standing.

    The only exception to this is with children under the age of 18, when a parent or legal guardian may make decisions for or on behalf of a child.

    In health and social care situations, next of kin is often used to identify an emergency contact, or a close friend or relative to update about your condition or treatment. The term usually means your nearest blood relative, and most people assume it refers to their spouse or civil partner."



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