Claiming Injury Compensation on Behalf of Someone Else

Personal injury claims are not always straightforward, especially when the injured party cannot represent themselves. Whether you’re a parent, guardian, or concerned family member, we’ll help you to understand how to claim compensation on behalf of someone else. This comprehensive guide will walk you through the process, legal requirements, and considerations when pursuing a claim for another person.

Who Can Claim on Behalf of Someone Else?

You may be able to claim compensation on behalf of:

1. Children under 18 years old
2. Adults who lack mental capacity
3. Deceased individuals (in fatal accident cases)

If you are the person’s next of kin, already have power of attorney or are registered as someone’s legal guardian or carer, the process will be simple. Even if you are unsure as to who has this power, or don’t know who someone’s next of kin is, we can help you to take things further.

Claiming for Children Under 18

The Role of a Litigation Friend

When claiming for a child, a ‘litigation friend’ must be appointed. This is typically:

• A parent or guardian
• A family member
• A close friend (in rare cases)

The litigation friend is responsible for:

• Making decisions about the claim
• Instructing solicitors
• Acting in the child’s best interests

Time Limits for Child Claims

• Claims can be made any time before the child’s 18th birthday
• After turning 18, the individual has until their 21st birthday to make a claim themselves

Settlement Approval

Any settlement for a child must be approved by the court to ensure it’s in the child’s best interests.

Claiming for Adults Lacking Mental Capacity

Mental capacity refers to an individual’s ability to make their own decisions. Lack of capacity can be due to:

• Severe learning difficulties
• Dementia
• Brain injury
• Mental health conditions

Appointing a Litigation Friend

Similar to child claims, a litigation friend must be appointed. This could be:

• A family member
• A close friend
• A professional (e.g., a solicitor)

Time Limits

There is no time limit for claims involving adults who lack mental capacity, as long as they remain unable to manage their own affairs.

Court of Protection

In some cases, the Court of Protection may need to be involved to:

• Appoint a deputy to manage the person’s affairs
• Approve significant decisions about the claim

Claiming in Fatal Accident Cases

In the event that someone close to you has passed away, dealing with a claim for injury compensation can be a traumatic and difficult process. Some people find this easier than others and we will take your lead in handling this process in the way you feel most comfortable. Whether you wish to deal with it over the phone, in person or even in writing.

Who Can Claim?

In cases of wrongful death, the following may be able to claim:

• The executor of the deceased’s estate
• Dependents of the deceased (e.g., spouse, children, parents)

Types of Compensation

Compensation in fatal accident cases may include:

• Funeral expenses
• Loss of financial dependency
• Bereavement damages
• Loss of services (e.g., childcare, household maintenance)

When it comes to the level of compensation that may be obtained from a successful claim, the final settlement value amounts can vary greatly. This is due to an odd quirk in British law. The value for a fatal injury in itself is not particularly high. However, the final value of a compensation settlement can be very substantial if the deceased person was a provider or major breadwinner.

For example, if the fatally injured person was a parent, supporting a spouse and children, paying a mortgage etc, a successful claim would include a very large settlement to cover the future loss of wages and income that the deceased person would otherwise have provided. However, if the fatally injured person had no children, was single and provided for no other people, their next of kin would be entitled to a settlement but the amount will only cover the fatal injury.

Time Limits

Generally, there is a 3-year time limit from the date of death to make a claim.

The Claims Process When Claiming for Someone Else

1. Appoint a Litigation Friend: If necessary, formally appoint a litigation friend.
2. Seek Legal Advice: Consult with a specialist personal injury solicitor.
3. Gather Evidence: Collect all relevant documentation, including medical records and accident reports.
4. Submit the Claim: Your solicitor will file the claim with the relevant parties.
5. Negotiations: Your solicitor will negotiate with the defendant’s insurers.
6. Court Approval: For claims involving children or protected parties, any settlement must be approved by the court.
7. Fund Management: In some cases, compensation may need to be managed through a trust or the Court of Protection.

Responsibilities of the Litigation Friend

When acting as a litigation friend, you must:

• Act fairly and competently
• Have no personal interest that conflicts with the protected party’s interests
• Ensure all decisions are made in the best interests of the protected party
• Seek professional advice when necessary

Claiming injury compensation on behalf of someone else is a significant responsibility that requires careful consideration and professional guidance. Whether you’re representing a child, an adult lacking mental capacity, or a deceased loved one, understanding the legal requirements and processes will help with your claim.

Should you have any queries or not fully understand your rights in this area, please do contact us for a confidential and no obligation conversation. Our main goal is to help people get the justice that they deserve and we’ll be happy to offer some support and guidance should you wish to seek it.

Frequently Asked Questions