I have been asked to look at this again for you. I will answer as far as I’m able.
Although there is no legal reason why your mother cannot bring a claim like this herself, unless she has experience of doing it, she might want to consult solicitors.
She may find a firm of solicitors to take it the win no fee otherwise it’s expensive and it’s not a case that I would suggest it would be worth spending money on to do personally.
Some judges are not keen on personal injury claims (this is a personal injury claim) which have been brought by the survivors/beneficiaries of someone who’s passed away. The reason is that the deceased potentially suffered the inconvenience and trauma and the injury and the pain and the suffering and it should therefore be the deceased that benefits from the compensation but they can’t do that and some judges feel that it’s unjust for the family to have a windfall on the suffering of someone who’s died.
Not all judges feel like that but some take that view.
At the moment you say you want to see the paperwork. It appears that they are not releasing it. That’s relatively straightforward to deal with and what you do (better threat coming from a solicitor) is tell them (in writing) that unless they release this paperwork (they are only obliged to release it to an executor of your late father’s estate or next-of-kin if there is no will) then you will make an application to court for pre-action disclosure of the documentation and your last court to award costs against them.
In respect of what happened to your father and in respect of any injury claim in general, there needs to be:
1 a duty of care
2 the duty of care needs to be breached
3 as a result of the breach the claimant has to suffer loss
4 the consequences of the breach and the loss need to be reasonably foreseeable.
Unless all those 4 heads are satisfied, there is no claim.
Can I answer any specific points arising from this?