Making A Compensation Claim On Behalf Of Someone Else In WA

Yes, in Western Australia you can make a compensation claim on behalf of another person, but only in set situations, and only if you hold the legal authority to act. Three groups usually need someone to stand in for them: a child under 18, an adult who can’t manage their own affairs after a serious injury, and a person who has died. If you’re the parent, the court-appointed administrator, or the executor of the estate, the claim runs for them, not for you. You lodge it, you give the instructions, and at the end a court or the Public Trustee usually checks how the money is handled. Below is who can act, how you prove it, and the WA deadlines that catch families off guard.

What claiming on behalf of another person actually means

Claiming compensation for another person means you run an injury claim for someone who can’t run it themselves. You act as their legal representative: a next friend for a living person who is under a legal disability, or the executor or administrator for someone who has died. The payout belongs to the injured person or their dependants. It doesn’t become yours to keep. Compensation is there to cover real loss, not to turn a profit, so a claim only makes sense when someone else’s negligence caused the harm.

That difference shapes everything that follows. Because the money isn’t yours, WA law puts checks on how the claim settles and where the funds go. Miss those checks and a settlement can be undone later.

Who can make a compensation claim for someone else in WA?

Four situations cover almost every case. Here’s who can act, the document that proves it, and who keeps an eye on the result.

The injured person	Who can act for them	Proof of authority	Who oversees the outcome
Child under 18	A parent or guardian, as a “next friend”	Birth certificate or guardianship order	A court approves the settlement; the Public Trustee can hold the money
Adult who has lost capacity	An administrator appointed by the State Administrative Tribunal, or an attorney under an enduring power	SAT administration order, or an enduring power of attorney	SAT and the court; the Public Trustee can manage funds
Person who has died	The executor or administrator of the estate	Grant of probate or letters of administration	The court; the estate pays dependants
Adult briefly unable to act (coma, sedation)	A next friend, until they recover or an administrator is appointed	Medical evidence, then a SAT order if needed	The court supervises while capacity is in doubt

Notice the pattern. In every row, someone independent checks the result. That’s the WA system working the way it’s meant to, not paperwork for its own sake.

Claiming for a child under 18

A child can’t start a court claim on their own. Under the Rules of the Supreme Court 1971 (WA), a person under a disability sues through a next friend. That includes anyone under 18. The next friend has to act through a solicitor. In practice, a parent brings the claim in the child’s name, with a lawyer on the record.

Two rules surprise parents. First, a settlement for a child isn’t final until a court approves it. You can agree terms with an insurer, but the deal isn’t binding until a judge signs off. Second, money recovered for a child is usually paid to the Public Trustee to invest until the child turns 18. The court decides what can be drawn along the way for their care.

If a car crash hurt the child, the next-friend rule applies on top of the motor injury steps. A child’s compensation claim also sets out what a court can release for their care while they are still under 18.

How do you claim for an adult who can’t manage their own affairs?

When an adult loses capacity, say after a brain injury, a stroke, or while in a coma, someone has to be given authority to act. In WA that authority comes from one of two places.

If the person made an enduring power of attorney before the injury, the attorney they named can step in and handle financial and legal matters, including a compensation claim. If there’s no enduring power, the State Administrative Tribunal can appoint an administrator to manage the person’s money and legal affairs, and a guardian for personal and medical decisions. The administrator is the one who can run the injury claim.

In the court case itself, an adult under a disability still sues through a next friend, the same as a child, and that next friend acts through a solicitor. Often the administrator and the next friend are the same person. If capacity comes back, the injured adult can take over their own claim.

Types of claims you can bring for another person

Most injury claims can be run on someone’s behalf. The type depends on how the person was hurt.

Motor vehicle claims go through the Insurance Commission of WA. Workplace injuries run through the workers compensation system, and a serious case can also support a common law claim worth weighing before you settle. A public liability claim covers injuries in shops, on footpaths, or on someone else’s property. Where treatment went wrong, you may be able to prove medical negligence. And if the person is now unable to work, a total and permanent disability payout through their super fund may sit alongside the injury claim.

Can you claim compensation after someone dies?

Yes. When someone dies because of another party’s negligence, their family can claim under the Fatal Accidents Act 1959 (WA). The claim is usually brought by the executor or administrator of the estate. It’s for the people who depended on the person who died: a spouse or de facto partner, children, and parents, among others.

If the death happened in a motor vehicle crash, the claim runs through the Insurance Commission of WA. A dependency claim there has to be lodged within three years of the date of death. The Insurance Commission lists the family members who can claim, including spouses, de facto partners of at least two years, biological, adopted and step-children, grandchildren, parents and siblings.

Most guides skip this part. For years, courts cut a widow’s dependency payout to reflect the chance she might remarry. That discount is gone in Australia, and a WA case is the reason. Soul Legal director Kevin Wong was the instructing solicitor in De Sales v Ingrilli [2002] HCA 52, where the High Court scrapped the remarriage discount. If a dependency payout is discounted on that basis today, that reasoning no longer reflects the law.

WA injury claim time limits to know in 2026

Most WA injury claims have to start within three years. The Limitation Act 2005 (WA) sets a three-year limit for personal injury and for Fatal Accidents Act claims, counted from the date of the injury or death.

Acting for someone else changes how that clock runs. For a child, the three years generally don’t start the normal way while they’re under 18 without a guardian, so a child often has until a few years after their 18th birthday. For an adult who lacks capacity, the limitation clock can be suspended while they have no guardian to act for them. These extensions help, but they aren’t a reason to wait. Evidence fades, and serious-injury claims take time to work through even once they start.

Motor injury claims add an earlier step. You lodge a notice of intent to claim with the Insurance Commission of WA, and it’s meant to be given early, within about six months of the crash. A late notice isn’t automatically fatal, but you may have to explain the delay. Because the exact deadline depends on the injury, the person, and the type of claim, it’s worth confirming your own dates with a lawyer.

Where the compensation money ends up

When you claim for a child or a protected adult, you don’t just collect a cheque. WA law routes the money through safeguards. A settlement for a person under a disability has to be approved by the court to be binding. Once money is recovered, the Rules of the Supreme Court 1971 (WA) send it to the Public Trustee to invest for that person, unless the court orders otherwise. The court then directs what’s released for their care and welfare.

For an estate, the compensation is paid to the estate and then shared among the dependants according to their loss. An executor who pays it out too early can be personally liable, so this is worth getting right the first time.

Acting for someone you love, with Soul Legal

Running a claim for an injured child, a parent in hospital, or a partner who has died is hard enough without a fight over paperwork. Soul Legal has handled WA personal injury claims since its directors started out, Rebecca Sorgiovanni in 1997 and Kevin Wong in 1991, from minor injuries through to catastrophic, multi-million-dollar cases.

A few things make acting for someone else easier here. The first consultation is free, and there’s no charge if you decide not to go ahead. Claims run on a no win, no fee basis. There are no legal fees unless the claim succeeds. And on a successful claim, the firm recovers most of its costs from the insurer, not from your family’s compensation. If the injured person can’t travel, the team does home and hospital visits. You also deal directly with a qualified lawyer, not a case number.

Making a compensation claim on behalf of someone else in WA comes down to two things: proving you can act, and moving before the deadline. If you’re weighing one up, talk to a Perth injury lawyer about who can act and what the time limits are. It costs nothing to find out where you stand.

FAQs

Can I make a compensation claim on behalf of my child in WA?

Yes. A parent or guardian can bring a child’s injury claim as their next friend, working through a solicitor, because a child under 18 can’t run a court claim themselves. Any settlement has to be approved by a court, and the money is usually held by the Public Trustee until the child turns 18.

Who can claim compensation for a person who can’t manage their own affairs?

If an adult loses capacity, the State Administrative Tribunal can appoint an administrator to handle their financial and legal matters, including an injury claim. If the person signed an enduring power of attorney earlier, the named attorney can act instead. In the court case, the adult sues through a next friend, the same as a child.

Do I need court approval to settle a compensation claim on behalf of someone else?

For a child or an adult under a legal disability, yes. A settlement isn’t binding until a WA court approves it, even if you’ve already agreed the figure with an insurer. This protects the injured person and comes from the Rules of the Supreme Court 1971 (WA).

How long do I have to make a claim for another person?

Most WA injury claims must start within three years under the Limitation Act 2005 (WA). For a child, the clock generally doesn’t run the usual way while they’re under 18 without a guardian, and for an adult who lacks capacity it can be paused. Motor injury claims need an early notice of intent to the Insurance Commission of WA, ideally within about six months.

Who can claim compensation after a family member dies in WA?

The executor or administrator of the estate usually brings the claim under the Fatal Accidents Act 1959 (WA), for dependants such as a spouse, de facto partner, children and parents. For a death in a motor vehicle crash, a dependency claim runs through the Insurance Commission of WA and must be lodged within three years of the death.

What is a next friend or litigation guardian?

A next friend is the adult who brings a court claim for a person who can’t act for themselves, such as a child or someone who has lost capacity. In WA the next friend must act through a solicitor. They make the claim decisions, but the compensation belongs to the injured person.

Does no win, no fee apply when I claim for someone else?

Yes, at Soul Legal it does. There are no legal fees unless the claim succeeds, and the first consultation is free with no charge if you don’t proceed. On a successful claim, most costs are recovered from the insurer rather than the injured person’s compensation.