Making a Claim Against a Friend or Relative
Sometimes in the case of personal injuries caused by negligence or misconduct, it may be necessary to make a compensation claim against a friend or relative.
For example, your child falls and suffers head injuries while in the care of your parents, or you visit your friend at their house and you trip on something and hurt your back badly enough to incapacitate you for several months, requiring risky surgery, numerous visits to specialists and time off work.
These cases can be complex and personal feelings and opinions may be involved, so it’s important that the case is handled by an unbiased professional who has no personal involvement with either party.
Why Would You Claim Against a Friend or Relative?
In most cases, the fact that the person you’re claiming against is a friend or relative is secondary and there’s nothing personal about the claim.
If you sustain an injury because of someone else’s lack of care, then it doesn’t matter who the other person is; you are entitled to claim compensation for damages incurred, medical expenses, psychological trauma and maybe even loss of income while you recover.
It’s hard to keep the bad feelings out of it, but it’s not a personal attack on your friend or relatives’ character. In most cases, you’re suing the person’s insurance company, not the person themselves.
It’s Nothing Personal
It’s important to make it clear to the friend or relative that it’s nothing personal so you can avoid anger and awkwardness whenever you see them.
We pay insurance premiums so that in the event of an accident we, or others, can make a claim on that insurance so there should be no animosity toward the injured person.
In cases such as motor vehic!e accidents, the friend or relative themselves may have suffered serious injury due to their own negligent driving, so they may understand that you just want to recoup your losses and get on with life.
Settling Out of Court
Most cases, with the help of a good lawyer, will be settled out of court in a mediation process between you and the friend or relative’s insurance company.
Remember that insurance companies are in the business of making money, and they won’t want to pay out a compensation claim without a fight, but that’s where your lawyer becomes your greatest ally, because they will liaise with the insurance company on your behalf.
Don’t Take More Than You Can Handle
Stacks Goudkamp can minimise the stress while maximising your compensation claim and preserving the relationship between you and your friend or relative.
We can act on your behalf to mediate with the insurance company and obtain a favourable outcome that benefits both concerned parties.
For more information, and to arrange a free, no-obligation assessment of your claim, please call Stacks Goudkamp on 1800 251 800, or alternatively make an online enquiry
