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Compensation claim on behalf of deceased
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michno8
Posts: 71 Forumite

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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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.
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Well, if no one else is interested why should they benefit from any payout?0
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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?0
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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 .Fashion on the Ration
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Sarahspangles said:MEM62 said:michno8 said:However would they be the one that the money was paid out to and not next of kin .
"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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