You can make an accident and injury claim on behalf of someone else if they are incapable of making a compensation claim themselves.
It’s quite a complicated subject, so it may be best to get in contact to discuss your individual situation and requirements.
Family members under 18 years of age
Under UK law, a child – anyone under the age of 18 - is not allowed to file a claim on their own.
However, a parent, guardian or other family member can make a compensation claim on their behalf. The claim can be filed any time up until the child’s 18th birthday. Once the child turns 18, they can make a claim themselves, but it must be done before their 21st birthday.
The person representing the child is referred to as a ‘litigation friend’. The litigation friend is responsible for protecting the rights of the child, as well as making the claim for compensation, liaising with solicitors and taking decision’s on behalf of the child.
Claiming on behalf of a ‘protected party’
Where an adult is mentally impaired, or mentally incapable of making their own decisions, they are known as a ‘protected party’. A claim can be filed on behalf of an injured adult if they are considered a protected party.
Usually it will be parents, siblings or close family members who would make the claim. As with the case of children, the person who represents a ‘protected party’ is known as a litigation friend.
If, however, the injured person has no one to represent them, the court may appoint an Official Solicitor who acts as a professional litigation friend.
The law states that a litigation friend must conduct all proceedings fairly and competently and must have no personal interest in the claim.
Their sole purpose should be seeking justice for the child or the protected person, who will be the sole beneficiary of any compensation settlement awarded.
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