Fighting for those who can’t fight for themselves: A guide to seeking compensation
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Many families find themselves watching someone they love struggle, feeling helpless when that person can’t advocate for themselves.
Whether it’s a child who’s been injured at school, a partner recovering from a serious accident, or an elderly parent who can no longer navigate complex paperwork, the frustration is real. Unfortunately, it’s a reality for many families as part of the sandwich generation.
But here’s what many Canberrans don’t realise: the law actually allows family members to step in and fight for the compensation their loved ones deserve, where legal requirements are met.
At Maliganis Edwards Johnson, the team has been walking alongside local families through these challenging situations for nearly 40 years. They know it feels overwhelming, but families don’t have to face this alone.
Who can actually take action?
The good news is that Australian law recognises these situations and provides clear pathways for family members to act. Here’s some examples of who can step up:
- Parents and guardians can pursue claims for any child under 18. From playground accidents to car crashes, if a child has been hurt through someone else’s negligence, parents have the right to seek compensation for the benefit of their child.
- Partners and close family can represent adults who lack the mental capacity to make legal decisions due to injury, illness, or disability.
- Executors and beneficiaries (typically spouse and dependants) can pursue wrongful death claims when tragedy strikes and families need to seek justice for their loss.
How the legal team makes it happen
Getting organised: The team helps families gather everything – medical records, accident reports, witness statements. Families don’t need to know all of the technical details; that’s what the lawyers are there for.
Legal guardianship: For cases involving children or adults without capacity, the court process will require a litigation guardian. The legal team guides families through this process and ensures all requirements are met.
Fighting the system: This is where the firm’s experience really counts. They prepare cases, file the necessary documents, and then negotiate hard with insurance companies and other defendant entities. After decades of taking on the big insurers, they know how to get to represent your interests to the highest standard.
Court approval: When children or other persons under a legal disability are involved, any settlement must be court-approved, to ensure it truly serves their long-term interests, including for future care and financial security.
Time isn’t on families’ side
This is the part the legal team wishes they didn’t have to emphasise, but compensation claims have strict deadlines. Getting legal advice quickly is absolutely critical.
The lawyers have seen too many families lose their right to compensation simply because they waited too long to seek help. They don’t want that to happen to anyone’s loved one.
Need legal advice about compensation? MEJ’s compassionate compensation team is here to help you understand your rights and options. Contact the MEJ team today
