Can I make a personal injury claim for someone else?

You can make a personal injury claim on behalf of someone else if they are unable to do so themselves. This role is known as a 'litigation friend' and is commonly used when the injured person is a child, vulnerable, or too incapacitated to handle their own claim.

This article explains the role of a litigation friend, how to claim for a child, and when a claim can be made on behalf of a protected party.

Litigation friend

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

The litigation friend, who could be a parent, guardian, family member, or professional adviser, is responsible for communicating with solicitors and making decisions about the claim.

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.

Read more:

What does a 'litigation friend' do in an injury claim?

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.

Read more:

How do I make an injury claim for a child?

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'.

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Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.