How To Claim On Behalf Of Someone Else

In this guide, you will learn how to make a personal injury claim on behalf of someone else. There are various instances where you may need to act on someone else’s behalf, such as for those under the age of 18 or those who may lack the mental capacity to claim on their own behalf. We will explore this further in our guide.

how to claim on behalf of someone else

A guide on how to claim on behalf of someone else

A personal injury claim can be made following an accident that has caused someone to sustain harm as a result of a third party breaching the duty of care they owed.

However, if you’re unsure whether you hold a valid claim, you can get in touch with our team using the details below:

  • Telephone: 0800 073 8801
  • Online form: Send us your enquiry by filling out the online contact form.
  • Live chat: Speak with an advisor using the chat feature below.

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A Guide On How To Claim On Behalf Of Someone Else

In this guide, we aim to cover the information you need about how to claim on behalf of someone else. For instance, we will provide information on the scenarios in which you may need to do so.

We will also explore the process of applying to act as a litigation friend to launch a valid claim for someone else.

Additionally, we will look at what the compensation settlement awarded may comprise and the costs you could claim back as part of the claims process. We will also look at where the compensation goes as it may vary in certain circumstances, such as for children under the age of 18.

We understand the process may seem complex and you may wish to hire a solicitor to represent the claim. If so, this guide could help by providing information on No Win No Fee solicitors who could start work on your case without requiring a fee upfront.

Although we have aimed to help you understand more about pursuing compensation on behalf of another person, we understand you may have questions after reading. If so, you can get in touch with our team using the number at the top of the page.

What Does It Mean To Pursue A Claim On Behalf Of Someone Else?

In some cases, the person who sustained harm as a result of negligence may be unable to launch a claim themselves. For instance:

  • The person has a reduced mental capacity
  • The person is under the age of 18.
  • An injury, such as loss of hearing or speech, means the person cannot manage their own claim.

As such, an application could be made to act as a litigation friend which means someone else could start the claim on their behalf. However, there are certain criteria that must be met in order for the court to appoint a litigation friend.

Who Can Act As A Litigation Friend?

An important part of understanding how to claim on behalf of someone else is being aware of you can fulfil the role. The following people could be appointed as a litigation friend:

  • A parent or guardian.
  • A friend or family member.
  • Solicitors.
  • An Independent Mental Capacity Advocate (IMCA) or another professional advocate.
  • People that have a lasting power of attorney.
  • A Court of Protection Deputy.

However, there are certain criteria that must be met, such as:

  • The interests you and the person you’re claiming on behalf of must not conflict.
  • You must be able to make fair and competent decisions about the case.

In certain cases, there may not be anyone suitable to act as a litigation friend. However, in instances such as these, the court can appoint one for you.

For more information on whether you could be eligible to act as a litigation friend, please get in touch on the number above.

What Does It Mean If Someone Has Diminished Mental Capacity?

There are various reasons why someone could have a reduced mental capacity. For example:

  • They may have experienced a serious brain injury or illness, either pre-existing or caused by the accident for which you’re claiming.
  • They may have dementia or a similar condition.
  • A person might have learning disabilities that are of a severe nature.

When someone has a reduced mental capacity, it means they can’t make a decision for themselves when it needs to be made. In these cases, someone could apply to become the person’s Court of Protection Deputy which means you will make decisions on their behalf.

A Court of Protection could apply to act as a litigation friend on behalf of someone who lacks the mental capacity to claim themselves. However, it’s important to understand the time limit for claiming.

Generally, it’s three years from the date of the accident or the date someone’s injuries were connected to negligence. However, the three years are suspended for those who have a diminished mental capacity. Whilst the time limit is suspended, a claim can be made on their behalf.

For more information, please get in touch on the number at the top of the page.

Claiming Compensation For A Child

When it comes to claiming compensation for a child, a litigation friend is needed as a person under the age of 18 cannot legally make their own claim. The time limit for doing so differs from the general three-year limit set out in the Limitation Act 1980.

The time limit won’t start until the person turns 18 which means they have until they turn 21 to put forward their own claim. Before they turn 18, someone could apply to act as a litigation friend to pursue the claim on their behalf.

Following a successful claim, the compensation goes into a Court Funds Office account until the child turns 18. A litigation friend can apply to the court to request a payment from the Court Funds Office. However, there must be evidence to show that the money will benefit the child.

How To Claim For Someone Who Had A Life-Changing Injury

Life-changing injuries can vary but they might include:

Injuries such as these could mean that a person isn’t able to make a claim on their own. In these instances, someone could claim on your behalf.

Can I Claim On Behalf Of Someone Where There Is A Language Barrier?

In order to act as a litigation friend for someone else, the person must be deemed unable to act on behalf of themselves. For that reason, if the person faces a language barrier, this isn’t seen as a reason for somebody to handle your claim on your behalf.

Instead of using a litigation friend to handle your claim, you can engage a professional translator or interpreter to help you during the course of the claims process.

This is a service we could offer, so please get in touch with our team on the number above to find out more. An advisor can provide further information on our translating services and assess whether they may be beneficial for you.

Calculating Personal Injury Compensation

After a successful personal injury claim, the settlement package awarded may consist of general damages. These seek to compensate for the pain and suffering caused by the injuries some has sustained as a result of negligence. When calculating how much compensation should be awarded, the following factors may be taken into consideration:

  • Injury severity
  • The extent to which the person’s quality of life has been impacted
  • Any future implications

In order to determine the full extent of someone’s injuries, they may be invited to attend an independent medical assessment. This produces an up to date report on their condition which can be used to help when working out how much compensation they’re owed.

Alongside medical evidence, a document called the Judicial College Guidelines may also be used by solicitors to help when valuing claims. The document provides bracket compensation amounts that correspond to different injuries at varying levels of severity.

In the table below, figures from the JCG have been included. However, you should only use the figures as a guide because the actual settlement awarded will vary.

ConditionAdditional DetailsBracket Compensation Award
Foot injuryModest (g): Injuries might include a simple metatarsal fracture or a ruptured ligament.Up to £12,900
Shoulder injurySerious (b): A dislocated shoulder involving lower brachial plexus damage that causes shoulder and neck pain.£11,980 to £18,020
Ankle injuryModest (d): Injuries might include less serious fractures, sprains and ligamentous damage.Up to £12,900
Chest injuries(b) A traumatic chest, lung or heart injury that results in permanent damage. £61,710 to £94,470
Neck injuryMinor (c) (i): Cases where someone has full recovered within two years.£4,080 to £7,410
Back injuryMinor (c) (i): Cases in this bracket include where someone has made a full recovery within 5 years.£7,410 to £11,730
Arm Amputation (a) Where both arms have been lost£225,960 to £281,520
Tetraplegia(a) There are several factors that may impact the award given. For example, age, the degree of independence and the psychological impact.£304,630 to £379,100
Paraplegia(b) Various factors will be considered when determining the award such as level of pain, age and life expectancy.£205,580 to £266,740
Damage to the brain(a) Very severe: The person will require full-time nursing care.£264,650 to £379,100

For a more accurate estimate of what the person you’re claiming on behalf of could be awarded, you can call our team.

What Costs Could I Claim Back Under Special Damages?

The settlement awarded may also consist of special damages. These aim to reimburse any financial expenses incurred as a result of the injuries someone has sustained. They could include:

  • Medical fees
  • Travel expenses
  • Loss of earnings
  • Care costs

Evidence must be provided in order to claim back these costs, such as receipts or payslips that prove the losses were incurred as a result of the injuries.

Could A No Win No Fee Solicitor Help You Pursue A Claim On Behalf Of Someone Else?

We understand the process of acting as a litigation friend may seem complex and you may wish to seek legal representation from an experienced solicitor. When you hire a solicitor to help you pursue a claim on behalf of someone else, you could do so by hiring a solicitor to represent you on a No Win No Fee basis.

All of our solicitors offer No Win No Fee services such as a Conditional Fee Agreement (CFA). This type of agreement means you won’t pay an upfront cost for the services of your solicitor. You also won’t pay any ongoing fees during the course of your claim.

Following a successful claim, you will need to pay a success fee from your compensation. The success fee is capped by law and your solicitor will discuss it with you before they begin working on your case. However, for unsuccessful claims, no success fee will be paid to your solicitor.

For more information on how you can work with one of our solicitors, please get in touch with our team on the number at the top of the page.

Why Choose Us When Claiming For Another Person?

Our advisors can provide further clarification on anything of which you’re unsure regarding the potential claim you wish to make on behalf of someone else. They can assess whether the claim is valid and whether it has a strong chance of succeeding.

If it meets the relevant criteria, they could assign one of our solicitors to help you through the claims process whilst you act as a litigation friend on behalf of someone else. Our solicitors have experience handling a range of claims, including road traffic accident claims. accident at work claims and claims following an accident in a public place.

They can help you gather relevant evidence to build a strong case and arrange for you to attend an independent medical assessment in your local area.

For more information on the services our solicitors offer, please get in touch using the details in the section below.

How To Start A Claim On Behalf Of Someone Else

We hope this guide has provided you with the information you need on how to start a claim on behalf of someone else. However, we understand if you have questions. If so, you can get in touch with our team of advisors using the details below:

  • Telephone: 0800 073 8801
  • Online form: Send us your enquiry by filling out the online contact form.
  • Live chat: Speak with an advisor using the chat feature below.

Essential References

Below, we have provided additional resources.

Litigation Friend FAQs

In this section, we have aimed to answer some commonly asked questions about how to claim on behalf of someone else.

What is the role of a Litigation Friend?

The role of a litigation friend might include the following duties:

  • Making decisions in the best interest of the other person
  • Ensuring you do everything you can to communicate details of the case and find out their wishes and feelings
  • Speak with their solicitor about what’s happening and give instructions that are in the best interest of the other person

Am I suitable to be a litigation friend?

There are certain eligibility criteria that you must meet in order to be suitable as a litigation friend. These might include:

  • Not having conflicting interests with the person you’re claiming on behalf of
  • Being able to make decisions in a fair and competent way

For more information on whether you’re eligible to claim on behalf of someone else, please get in touch on the details above.