Can I make a personal injury claim on behalf of someone else?

Older couple discussing being a litigation friend for an injury claim with solicitor

In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own, the litigation friend can handle the claim process for them.

The litigation friend will be responsible for communicating with the solicitors and making decisions in respect of the claim.

A litigation friend could be a:

  • parent or guardian
  • family member
  • friend
  • professional adviser (such as a solicitor)
  • social worker
  • anyone with power of attorney.

Claiming on behalf of a child

A parent or guardian can claim on behalf of an injured child. A claim can be made on behalf of a child at any time up to their 18th birthday.

The child then has until their 21st birthday to start a claim themselves if they wish.

Protected parties

In certain circumstances, a claim can be made on behalf of an adult who is considered by the courts to be unable to conduct their own claim. Such claimants are known as ‘protected parties'.

The person making a claim on behalf of a child or protected party is called a ‘litigation friend'.

What happened?

The claims process will vary depending on how your injury happened. Click the icons below to learn more:

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Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher