How To Make A Personal Injury Claim On Behalf Of Someone Else

If your loved one has been injured in an accident which was not their fault, the last thing you may be thinking of is claiming compensation. However, they may be owed compensation for their pain and suffering if they were injured due to the negligent actions of another who had a legal responsibility for their health and safety. In addition, compensation could also help them (and you) meet their financial needs, whether coping with lost income or meeting medical expenses. A specialist solicitor could help you to claim compensation on their behalf if they are unable to do so themselves.

Key Takeaways

  • Claimants under the age of 18 or those with reduced mental capacity can not seek compensation on their own behalf.
  • A relative, friend, or other suitable person may act as their litigation friend.
  • You will need to be over the age of 18 and be a suitable adult to act on their behalf.
  • Your responsibilities may last till the end of the case, the person turns 18, they regain their mental capacity, or extend beyond this.
  • One of our solicitors could help you with claiming as a litigation friend.

If you would like to know more about how to claim on behalf of someone else, please get in contact our friendly team of advisors here and Accident Claims. They can help answer ay questions you may have and also offer you free advice:

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How To Claim On Behalf Of Someone Else

You must be appointed as a litigation friend to claim on behalf of someone else. You will need to be formally recognised as such. You may do so by making an application to the courts. As a litigation friend you must act in the claimants best interests throughout the claims process. This enables vulnerable persons to access justice and compensation, even if they are too young or lack the mental capacity to take legal action themselves.

Later in this guide, we share who could apply to act in this role.

In order to make a personal injury claim on behalf of someone else, their case must meet the same basic eligibility criteria any such claim must meet. These are that;

  1. They were owed a duty of care by another party. This is a legal responsibility to ensure their reasonable health and safety. It can be owed by employers, those in control of public places and road users.
  2. The other party breached the duty of care owed to your loved one.
  3. As a result, your loved one was harmed.

Claiming On Behalf Of A Child

You can represent a child in their claim if appointed as a litigation friend. Children under the age of 18 can not take legal action, such as making personal injury claims. However, a trusted adult may do so on their behalf. This allows them to claim personal injury compensation, without waiting till they turn 18. The court must assess whether the adult is suitable to act in a fair and responsible way before appointing them as a litigation friend.

Claiming On Behalf Of A Vulnerable Adult

You may claim on behalf of a vulnerable adult if they lack the mental capacity to do so independently. Adults with the following conditions may be unable to independently navigate the claims process:

  • Severe mental health conditions or those which affect decision making.
  • Brain injuries and/or cognitive impairment.
  • Alzheimer’s and/or dementia.

A litigation friend can act to ensure that they can still claim compensation and that their rights are upheld. The court must be satisfied that the individual harmed has diminished mental capacity and that the litigation friend can act in their best interests.

Fatal Accident Claims

You could make a fatal accident claim if a loved one died in an accident which was not their fault. You may be able to claim as the estate of the deceased or as a dependent of the deceased.

Under the Law Reform (Miscellaneous Provisions) Act 1934, the estate can claim for the deceased’s pain and suffering, subsequent financial losses and on behalf of the dependents. They are also the only part that can begin a claim within the first 6 months following the death.

If the estate does not claim on their behalf within this time, the dependents of the deceased (certain qualifying relatives) can make their own claim for how the death has affected them, under the Fatal Accidents Act 1976.

To see if you qualify as a dependent or to learn more about how to claim on behalf of someone else, you can contact our advisors.

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Who Is Able To Make A Claim On Behalf Of A Loved One?

A parent, guardian, close family member, friend, or an otherwise trusted adult is able to make a claim on behalf of a loved one. Those who the court could appoint to be a litigation friend and who could claim on another person’s behalf, may include:

Relatives such as:

  • Parents and/or guardians.
  • Other family members, such as a sibling etc.

Professional parties, such as:

Others, such as:

Please contact us to check if you could claim personal injury compensation on behalf of someone else.

Doctors look at a scan of a brain injury.

What Are The Responsibilities Of A Litigation Friend?

The responsibilities of a litigation friend include making decisions, instructing solicitors and approving settlements on behalf of the injured party. The litigation friend must ensure that they fairly represent the interests of the claimant throughout the claims process acting in an impartial and diligent manner. Their duties include:

  • Making decisions in the claimants best interests.
  • Keeping in contact with the claimant and ensuring they are fully informed.
  • Instructing and liaising with a solicitor.
  • Paying any court ordered fees.

Your responsibilities may extend after the claim finishes, such as managing funds which are paid into a Court Funds Office (CFO) account. In such cases, you will need to remain as the point of contact for the CFO, unless or until either the individual turns 18 or you are replaced by another litigation friend.

Please get in contact for further details on how to claim on behalf of someone else and your potential responsibilities.

When Will Your Responsibilities Come To An End?

Typically, the responsibilities of a litigation friend will end with the conclusion of the claim. Your role as a litigation friend is temporary and your legal responsibilities may come to an end when the claim is withdrawn, settled, or when decided by the court. Your responsibilities may also come to an end if the court finds you are unable to discharge your duties.

Your responsibilities may come to an end where:

  • The claim is settled and/or a final judgement is issued by the court.
  • The claimant turns 18 or regains their mental capacity (as they would then be able to make their own claim)
  • You are replaced by another litigation friend.
  • The claim is withdrawn.

If the claimant is awarded funds which are paid into a Court Funds Office (CFO) account. In such cases, you will remain as the contact for the CFO until the individual turns 18 or the court requires the money to be disbursed.

If you are considering acting as a litigation friend for a loved one, please contact us to find out more about the process and to see how one of our solicitors could help you.

A close up image of a brain scan.

What Is Needed To Make A Claim For A Loved One?

Evidence, such as the claimants medical records and CCTV footage of their accident is needed to make a claim for a loved one. Examples of other evidence that could be gathered include:

  • Accident reports from a workplace or public place accident book
  • Police reports (if applicable)
  • Photographs of the accident site and visible injuries
  • Findings from an independent medical assessment
  • Any correspondence with the liable party

Additionally, you must submit your certificate of suitability or court order within the court before you begin acting on their behalf.

A No Win No Fee solicitor of ours can help you with gathering evidence and submitting any necessary documents to the court to be able to claim on behalf of someone else. Contact our advisors to learn more.

No Win No Fee Claims On Behalf Of Someone Else

No Win No Fee claims on behalf of someone else can be made with our solicitors here at Accident Claims. However, it should be noted that No Win No Fee doesn’t refer to the cost of making a claim but the cost of hiring legal representation.

Our solicitors specifically work under a Conditional Fee Agreement. This means you won’t need to pay them for their services prior to the claim starting, as it is ongoing or if the claim fails.

If the claim succeeds, the solicitor will deduct a success fee from the compensation. This fee is a legally capped percentage of the compensation to ensure the majority stays with the claimant.

By choosing to work with one of our solicitors, you benefit from:

  • Help collecting evidence to support the claim.
  • An explanation of legal terms and processes.
  • Representation if the case goes to court.
  • Help accessing support and rehabilitation services for the claimant
  • Helping you through the claiming process as a litigation friend.

Contact Our Solicitors

Contact one of our solicitors today if you are still unsure how to claim on behalf of someone else. They can also offer you free advice and potentially connect you with one of our No Win No Fee solicitors.

A solicitor explains how to claim on behalf of someone else.

More Information

Explore some of our other guides:

Additional references:

We hope you now know more about how to claim on behalf of someone else, contact us for additional help or to start a claim.