We have experience of cases where the potential claimant was too unwell, or did not want, to bring a cause of action, but wanted to assign it to family members to bring. In these circumstances we have successfully prepared deeds of assignment of the cause of action, and then successfully brought the action while acting for the relevant family member.
One situation where this has arisen more than once is where an elderly person has died through an act of negligence, and the surviving spouse was too upset or unable to pursue a claim under the Fatal Accidents Act 1976. A deed of assignment has enabled their children to successfully take an assignment of the cause of action.
The law regarding these arrangements is quite complex, but for further information please contact us for a no obligation consultation by calling our London or High Wycombe offices on the numbers at the top of this page, or email email@example.com. We will always get back to you.