When is it possible to claim compensation for somebody else?
Not everyone who deserves compensation is in a position to claim it for themselves. Sometimes that's because they have been so badly injured, or lack mental capacity, and sometimes it's because they're below the age of 18. When that happens, a family member or guardian can act as their Litigation Friend to claim on their behalf. Find out more below, or talk to one of our friendly advisors on 0800 175 7900.
Can I claim compensation on behalf of a child?
The law doesn't allow people below the age of 18 to file their own compensation claims for illness or injury. But it does allow a parent, guardian or other family member to file a claim on their behalf.
Someone who does this is called a Litigation Friend. They will have a number of responsibilities, including dealing with lawyers and making any decisions that need to be made about how the case proceeds.
Regardless of when the accident or injury took place, a Litigation Friend can file a compensation claim on behalf of a child at any time until they reach the age of 18.
In cases where no one has filed a claim for a child while they are below the age of 18, they can make a compensation claim for themselves as soon as they turn 18, and have three years from this date to do so.
Can I claim for someone who is a Protected Party?
Even when the ill or injured person is over the age of 18, it may be the case that they can't file a claim for themselves. This might be because:
- They are too ill
- They have suffered brain damage
- They don't have the mental capacity to make the claim
In these cases, it is most common for a parent, guardian or sibling of the injured party to take on the role of Litigation Friend. And in cases where no one suitable is willing or available, the courts may get a solicitor to act for them as a Professional Litigation Friend.
What does a Litigation Friend have to do?
If you take on the role of Litigation Friend, you are not claiming to benefit yourself, you are claiming on behalf of your injured or under-age friend or relative.
So you will have the responsibility for making lots of decisions, and looking after the claimant's rights as much as possible at all times. This can include:
- Making decisions about medical treatment
- Instructing lawyers on their behalf
- Gathering evidence
- Speaking to the Police if need be
- Keeping records and receipts of all spending related to the claim
Obviously, this is a big responsibility. So it's good to know that our lawyers are here to help Litigation Friends as much as possible, and in most cases will help to make your case a No Win No Fee claim.
No Win No Fee
Will you offer it to me?
Around 98% of the claims handled on behalf of our clients are No Win No Fee. That means you will never be out of pocket with Claims Direct.Read more