Can You Sue On Behalf Of Someone Else?

You can sue on behalf of someone else by acting as a litigation friend. This is often a family member, friend, guardian or solicitor, but can be any impartial person able to assume the duties of the claim without a conflict of interest.

If the courts agree to appoint someone, the litigation friend will act on the injured person’s behalf, within the standard time limits that apply for personal injury claims. A litigation friend may act in the following capacities:

Claiming Where There’s Mental Incapacity

If a person lacks the mental capacity to manage their own affairs, a litigation friend can be appointed to act on their behalf. Some examples:

The person suffered catastrophic brain injuries in a road traffic accident and can no longer participate fully in their own claim, so a parent stepped in.
A construction worker fell from scaffolding and suffered a severe brain injury. Their sibling made a claim on their behalf due to the claimant suffering a severe intellectual deficit.

However, if the person regains this mental capacity, and no claim has been made on their behalf, the claimant will have 3 years to start their own claim from this date of recovery.

Claiming When There’s A Pre-Existing Condition

You can also claim on behalf of a loved one who was already mentally incapacitated and suffered an injury in an accident that wasn’t their fault. For example:

A litigation friend was appointed because the injured person already had disabilities prior to the accident that reduced their ability to claim independently.
The injured person has dementia and cannot handle the demands of a personal injury claim unassisted, so their son or daughter acts as the litigation friend.

Claiming On Behalf Of A Child

Litigation friends are needed in claims involving children, as a minor cannot start a compensation claim themselves. For example:

A schoolchild was hit by a drunk driver and needed immediate access to specialist rehabilitation. A solicitor acting as a litigation friend brought the claim on behalf of the minor.
A newborn baby suffered oxygen deprivation due to medical negligence, and the parents sought a birth injury claim against the hospital at fault.

However, if a claim was not made on the child’s behalf prior to their 18th birthday, they would have 3 years from this birthday to start their own claim.

Claiming On Behalf Of Deceased Persons Or Their Estate

The Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA) states that for the first six months after the death, only the estate of a deceased person can start a claim. This is for the pain, suffering, and financial harm their loved one suffered prior to death (general and special damages). They can also make a claim on behalf of the dependents at this point.

If no claim is put forward on their behalf within the first 6 months, under the Fatal Accidents Act 1976 (FAA), some designated relatives can bring forward a claim based on the impact the death has had on them. These relatives (referred to as ‘dependents’) are:

A current or former spouse.
A person who lived with the deceased as spouses (for at least two years before the fatality).
An ascendant or descendant of the deceased (or anyone treated as such because of relation or marriage).
The brother, sister, uncle or aunt of the deceased (or any of their children).

To check whether you can sue someone on behalf of someone else after a fatal accident, speak to our advisory team today.

If You Sue On Behalf Of A Loved One, What Compensation Can You Claim For?

If you sue on behalf of a loved one, you could claim compensation under general and special damages.

General damages evaluate the physical and psychological harm caused to the person, as well as any long-term disability or impact on life quality experienced. Special damages assess the financial harm that has been caused.

Those involved in calculating the amount to be awarded under general damages may review medical evidence and compare it with documents such as the Judicial College Guidelines (JCG). This book offers compensation guidelines for various injuries, categorised by severity.

In the table below, we list some of these compensation guidelines. Please note that the first entry has not come from the JCG.

Compensation Guidelines

INJURY	SEVERITY	COMPENSATION GUIDELINES
Several, severe injuries and Special Damages	Severe	Up to £1 million plus.
Head/Brain	(a) Very severe	£344,150 to £493,000
	(d) Less severe	£18,700 up to £52,550
Neck	(a) Severe (i)	In area of £181,020
Pelvis & Hips	(a) Severe (i)	£95,680 to £159,770
Knee	(a) Severe (i)	£85,100 to £117,410
Leg	(b) Severe (ii) Very serious	£66,920 to £109,290
Back	(a) Severe (iii)	£47,320 to £85,100
	(b) Moderate (ii)	£15,260 to £33,880
Wrist	(a)Total function loss	£58,110 to £73,050
Hand	(f) Severe finger fracture	Up to £44,840

If you have any questions, such as ‘Can you sue on behalf of someone else?’ or ‘What compensation could I claim on behalf of a loved one?’, please contact our advisors.

Can You Claim For Other Damages On Behalf Of Someone Else?

Yes, you can claim other damages on behalf of someone else; these are known as special damages. These are awarded for the financial losses you or the claimant have suffered due to their injuries. Below, we set out some examples:

Loss Of Earnings

If the injury resulted in the claimant suffering a loss of earnings, these can form part of the claim. You could also claim for any loss of earnings you have experienced if you needed to take time off work to care for the injured person.

Cost Of Care

The injured person may require professional care or assistance from family and friends after the accident. These amounts can be quantified by a solicitor or calculated by using the paid invoices from the carer.

Cost Of Medical Treatment

Any private treatment or prescriptions you or the claimant have had to pay due to their injuries could also be compensated under special damages.

Cost Of Rehabilitation

Similarly, after an accident and injury, the person may need to undergo weeks or months of rehabilitation. Proof of these costs can be factored into the overall compensation amount.

Cost Of Adaptations

A serious injury can leave a lasting disability, and it may be necessary to modify the person’s home or vehicle. The receipts for these costs can be included if they are directly related and reasonable.

Cost Of Travel

A serious injury might require months of hospital visits, physiotherapy appointments or rehabilitation and counselling for the person. With this in mind, it’s essential to keep all bus, train, or taxi tickets, as well as proof of related parking and fuel expenses.

Can You Apply For Interim Payments On Behalf Of Someone Else?

You can apply for interim payments on behalf of someone else. To do this, the courts must be satisfied that the following apply:

The amount requested is reasonable.
It relates directly to the needs of the claimant.
It does not exceed the total compensation amount expected.

If awarded, the total of interim payments made is then deducted from the overall compensation when it is awarded. This can help the claimant manage urgent financial issues that may arise, such as the need for private medical treatments or household expenses.

Call to discuss special damages and applying for interim payments on behalf of others. You can contact our advisory team using the options provided above.

What Responsibility Will You Have If You Make A Claim For A Loved One?

A litigation friend can have various responsibilities when it comes to claiming on behalf of someone else. These are usually:

To competently carry out court proceedings for the person.
To act in the person’s best interests.
Communicate and inform the person about what is happening.
Direct legal proceedings on the person’s behalf, such as making decisions on when to settle or refuse a compensation offer.
Liaise with any solicitors involved.
Sign any necessary legal documents on the person’s behalf.
Attend court hearings.

The litigation friend must not have any interests in the case that conflict with those of the injured person. They cannot be parties or involved with the case itself. Other than that, a litigation friend can be anyone over the age of 18. If you require further information, please don’t hesitate to contact us. Our advisors can explain any parts of the process on how you can sue on behalf of someone else.

How Long Will You Act On Behalf Of Someone Else If You Claim?

If a person is claiming on their own behalf, they normally have three years to start a personal injury claim. When claiming on behalf of others, such as a minor, the time limit may be extended.

To learn how long you have to make a claim on behalf of someone else, you can contact our advisors.

Can You Sue On Behalf Of Someone Else Through A No Win No Fee Solicitor?

Yes, you can sue on behalf of someone else using a type of No Win No Fee arrangement with a solicitor on our panel. They provide their services through a Conditional Fee Agreement (CFA) specifically. When working this way, there are numerous benefits, for example:

No solicitor’s fees are applicable upfront to initiate the claim.
No solicitor’s fees apply as the claim advances.
If the claim is unsuccessful, no solicitor’s fees will be payable for completed services.
Should the claim on behalf of someone else succeed, a ‘success fee’ is paid to the solicitor. This amount is a percentage of the compensation and is legally capped under the Conditional Fee Agreements Order 2013.

Working this way can allow you to initiate a compensation claim on behalf of someone else without worrying about hiring legal representation. Why not learn more now? Call our advisory team to see if you can sue on behalf of someone else today.

Why Choose Public Interest Lawyers

You should choose Public Interest Lawyers to help you sue on behalf of someone else because they have extensive experience in helping clients seek the compensation owed to themselves or loved ones. If you work with a solicitor from our panel, they can offer you the following services:

Help to collect supporting evidence like medical reports and witness statements.
Provide a detailed evaluation of the compensation.
Help for the injured person to access the medical and rehabilitative care they need.
All negotiations with the other party handled.
Complicated legal jargon explained and regular updates on the status of the claim given.

In addition to this, you can feel confident that the person’s claim is in safe hands. Find out now if the claim qualifies by speaking to our advisory team and see whether you can sue on behalf of someone else today.

Contact Our Team Of Advisors

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Learn More

In addition to this guide about whether you can sue on behalf of someone else, these other articles might be useful:

Here are some FAQs on how to claim.
This guide outlines what a person can expect when attending a medical appointment to support their claim.
Additionally, PTSD compensation may be included in the person’s claim.
Can you sue someone for falling on their property

External resources:

- Get copies of medical records via the NHS
- Request CCTV footage of a loved one.
- Learn how to apply to be a litigation friend.

We hope we have answered ‘Can you sue on behalf of someone else?’. Contact us with any questions you may have.

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