My loved one is injured – how can I help? What a legal expert says
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There’s nothing worse than someone you love being injured. But when recovery isn’t going as expected, knowing when to seek advice – and how to advocate – can make a real difference for the whole family.
As Commins Hendricks solicitor Alison McNamara sat in a hospital waiting room, she noticed something. In the space of just 30 minutes, three men came in with injuries.
They were all tradies, all clearly in pain, and all trying to minimise what had happened.
One was supported by his girlfriend but wanted to be checked quickly and leave. Another argued with his mother about whether to disclose that the injury had happened at work. A third was already frustrated by the wait, anxious to return to site.
What struck her in that moment was how common the situation was – especially in her line of work.
“These moments happen every day,” she explains.
“Almost always, there’s someone else affected just as deeply – whether it’s the partner or parent at home, trying to advocate for their loved one.”
“I wish more people knew that seeking early legal advice can be essential in helping families understand what options are available to them.”
Supporting a loved one through injury
When someone is injured, the impact rarely stops with them.
From daily routines to work, finances and family responsibilities, life can be disrupted from the moment an injury occurs.
It’s moments like this – when uncertainty becomes part of everyday life – that Alison says it’s often the partner who takes on the role of organiser and advocate as the injured person focuses on their pain and treatment.
“Partners are often the quiet champions in these situations,” she explains.
“They’re the one keeping track of symptoms, managing appointments, and noticing when recovery isn’t going the way it should. They see pain that doesn’t ease, mobility that doesn’t return, or symptoms that worsen despite repeated appointments.”
In Alison’s experience working in personal injury law, that instinct matters.
Driving partners to ask questions and research when more support or advice may be needed, she says that in many cases it’s the partner who encourages their loved one to seek legal help.
“Ultimately, only the injured person can decide to speak with a lawyer or make a claim, but a partner can play a crucial role in supporting them to seek advice, understand their options, and put them in the best possible position moving forward,” she explains.
“When a claim is successful, it can significantly reduce financial stress and uncertainty during recovery.”
Recognising when legal advice may be needed
In many cases, Alison says that an injured person might not realise that there are legal options available. Whether an injury occurs at work, or when medical treatment or care hasn’t gone to plan, many people simply want to ‘push through and move on’.
However, because injuries don’t happen in isolation – often affecting partners, children and family life – she says it’s always worth getting legal advice.
“People often don’t want to make waves,” Alison notes.
“Early advocacy has all the benefits and no downsides. It’s about asking questions and recognising when more support or advice may be needed.”
One of the most common misconceptions Alison encounters is that seeking legal advice means committing to a court hearing. The reality is very different.
Early advice is usually about understanding options and protecting your position. It doesn’t lock families into taking action, but it does keep that option open if it’s needed later.
“Trust your instincts and don’t underestimate your role.”
“You see what’s happening every day, in ways no one else does. Asking questions, keeping notes, and seeking advice from a lawyer early can make a huge difference in the long run.”
Alison’s four tips on supporting your injured loved one
1. When should you seek legal advice?
- Persistent or worsening symptoms despite treatment
• Conflicting medical opinions
• Communication issues with medical staff
• An injury that impacts your financial or work situation
2. How can I raise the idea of legal advice?
Timing, tone and framing are key. Lead with concern about your partner, for example ‘I’m worried about how you’re feeling and whether you are getting all the support you need’.
Gently suggest that it might be helpful to talk to someone who understands these situations, and to obtain advice about options.
3. Does the law recognise the impact on the non-injured partner?
Seeking legal advice doesn’t just help the injured person – it can help the whole family. Our role is to support clients, and in turn their families, through that complexity and help them understand where they stand.
The law recognises that an injured person will often need care at home for self-care and domestic tasks. These costs can be claimed by the injured person, even where that care has been provided by family or friends.
4. Is there a downside to waiting to seek advice?
If you don’t seek advice and commence proceedings within the limitation period – generally three years from the date of injury – you could be prevented from making a claim.
That opportunity for compensation may be lost. Early legal advice is always recommended. There is no harm in talking to a lawyer early, but there can be serious consequences if you leave it too late.
For more information, visit comminshendriks.com.au
