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Clare, Solicitor
Category: UK Law
Satisfied Customers: 34236
Experience:  family solictor with 25 years experience
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How can I sue my sister for negligence and emotional stress,

Customer Question

How can I sue my sister for negligence and emotional stress
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: We live in the UK
JA: What action has been taken so far? What's your ideal outcome?
Customer: No action has been taken so far as we are still trying to get her to produce evidence.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My mum sister and grandchildren went on holiday. She was responsible for the travel insurance. She lied about previous medical conditions as a result my mother suffered a stroke caught pneumonia and died.
Submitted: 11 months ago.
Category: UK Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Could you explain more about what happened please

Customer: replied 11 months ago.
My mother paid for the trip to go to Jamaica, so my sister said she would pay for the travel insurance.
On the insurance form they asked if any heart, stroke, high blood pressure or breathing conditions including asthma ever had treatment for. My nephew has asthma, my sister has high blood pressure (having treatment) and mother has high blood pressure (not had treatment but being monitored ).
My mother suffered a mini stroke went to the hospital and was told to go for a CT scan that same day pay for it, get the results and reciept so they knew what type of stroje she had so she could be treated. My sister made the decision that it was too much hassle so my mum was kept in for observation. My mother complained she didn't want to be there so my sister agreed and made the decision for her to be discharged the next day.
Two days later my mother suffered a full blown. We asked my sister to call the insurance company she complained about the expense she would incur to call from her mobile so she asked us to do it.
My sister had my mother admitted to a private hospital. When we finally got through to the travel insurance medical department they advised my sister not to make a payment but it was too late. They said she would have to be moved to a public hospital nearby and they would pay once medical reports were received.
I emailed over my mother's medical records from her GP and the Dr in charge of her sent their report. It was then it was discovered that mum's stroke was a cause of her having high blood pressure so she was under insurance
Expert:  Clare replied 11 months ago.

What happened next?

Customer: replied 11 months ago.
As my mother was not insured we had to raise the funds to pay for her medical fees as and when. We looked into the cost for a repatriation team as we wanted our mother in the uk to receive treatment. The cheapest quote was just over £10,000. The sister who was with my mum originally had to come back to the uk with the grandchildren and my middle sister went to Jamaica to take over dealing with looking after my mother.
My mother was not fit to travel but she started to improve. My middle sister did an amazing job however a few days before she was due to return to the uk my mother started having respiratory problems. My mother was immediately admitted into hospital but the diagnosis was not looking good. My sister had to fly back on a Wednesday and I was due to fly out to Jamaica on the the Friday, but unfortunately my mother passed away on the Thursday. So when I arrived I started funeral arrangements.
My sister has lied about events that took place. When we saw a copy of the travel insurance and how she filled it out she clearly said N/A for all the previous medical conditions as previously mentioned. So yes I blame her for negligence
Customer: replied 11 months ago.
This is a recent event. I laid my mother to rest yesterday 20/10/16
Expert:  Clare replied 11 months ago.

I am so very sorry for your loss.

I think it is a little early for you to look at this - but when the time comes IF your sister has any capital assets then yes you can sue her for the expenses incurred through her negligence - but not for the emotional distress I am afraid

I hope that this is of assistance - please ask for any further details as and when you need to