This is an informative guide on when you may be eligible to make a personal injury claim on behalf of someone else. Under certain circumstances, for example, if a person lacks the mental capacity to make a claim or is below the legal age of majority, they may be unable to bring forward a personal injury case themselves.
In this guide, we will explain the eligibility criteria that must be met for an eligible personal injury claim. Also, we will explain the different types of personal injury claims.
Advice On Making A Personal Injury Claim On Behalf Of Someone Else
In addition to this, we will discuss what it means to be a litigation friend and who could qualify. Furthermore, we will look at the time limits applicable to personal injury claims made on behalf of someone else and how the compensation can be calculated for a successful case.
Towards the end of the guide, we will explore the potential benefits of working with a No Win No Fee solicitor. You can also contact a member of our team to enquire about the process of making a personal injury claim.
At Public Interest Lawyers, we have a team of advisors available 24/7 to offer free advice. They have access to our panel of specialist No Win No Fee solicitors. However, getting in touch will not obligate you to further a claim with us.
You can:
- Call us on 0800 408 7825
- Speak to an advisor via the live chat feature on this page
- Contact us via our online form
Select A Section
- Advice On Making A Personal Injury Claim On Behalf Of Someone Else
- What Is A Litigation Friend?
- What Are The Time Limits When Claiming On Behalf Of Someone Else?
- What Compensation Could You Claim?
- How We Could Help With No Win No Fee Personal Injury Claims On Behalf Of Someone Else
- Find Out More About Making A Personal Injury Claim On Behalf Of Someone Else
Advice On Making A Personal Injury Claim On Behalf Of Someone Else
To make a personal injury claim on behalf of someone else, it is important first to establish that the claimant has a valid case. Therefore, we will lay out the criteria of eligibility that a personal injury claim must meet below:
- Firstly, a third party, such as an employer or another road user, owed the claimant a duty of care at the time and location of the accident.
- Secondly, this third party breached their duty of care.
- Lastly, the claimant sustained physical injuries, mental damage, or both due to this breach.
This is the definition of negligence, which forms the basis of personal injury claims. Personal injury covers various types of cases, such as accident at work claims, road traffic accident claims and public liability claims. Below we will provide more detail on each of these and explain the duty of care that different third parties could have owed to the claimant.
Accident At Work Claims
Under the Health and Safety at Work etc. Act 1974 (HASAWA) employers owe a duty of care to their employees. This legislation states that employers are expected to take reasonably practicable steps to ensure that employees are safe at work, such as providing their employees with proper training.
Road Traffic Accident Claims
All road users have a duty of care. They must take reasonable care when using the roads to avoid causing harm to themselves and others. Road user duty of care is laid out by the Road Traffic Act 1988 (RTA). In addition to this, The Highway Code provides guidance and rules, some of which are supported by law.
Public Liability Claims
The Occupiers’ Liability Act 1957 (OLA) states that the body responsible for a public place owes its visitors a duty of care to ensure their reasonable safety. They must take measures such as performing risk assessments.
If you have any questions about claiming compensation, then you can speak with our team today.
What Is A Litigation Friend?
If a person is unable to pursue a personal injury claim due to the fact that they lack the mental capacity to do so, or they are under the age of 18 and are therefore considered a child, the courts can appoint a litigation friend to claim on their behalf.
The term ‘lacks mental capacity’ is defined by the Mental Capacity Act 2005. Section 2 of the Act states that when a person is unable to make a decision for themselves because of an impairment of, or disturbance in the functioning of, the mind or brain, they lack capacity.
You may wonder whether you could be considered suitable to be a litigation friend. Below we will provide examples of someone who could be appointed as a litigation friend:
- A parent or guardian of the claimant
- A member of the claimant’s family or a friend
- Someone with an enduring power of attorney
- A solicitor
- A Court of Protection deputy
Please speak to a member of our team to learn more about making a personal injury claim on behalf of someone else as a litigation friend.
What Are The Time Limits When Claiming On Behalf Of Someone Else?
Under the Limitation Act 1980, a claimant generally has three years to begin legal proceedings for a personal injury claim. This limitation period can begin on the date of the accident in which the injuries were sustained.
However, there can be certain exceptions to these time limits. For example:
- In cases where the claimant is a child, the three-year time limit will be suspended until the date of their 18th birthday, from which time they will have three years to make a claim themselves if one has not already been made.
- In cases where the claimant lacks the mental capacity to make a claim themselves, the time limit will be suspended until the date of recovery. At this time, the claimant will have three years to bring forward a claim unless one has already been made on their behalf.
In both of these examples, a litigation friend can be appointed by the courts to make a personal injury claim on behalf of the person in the time that they are unable to claim for themselves.
What Compensation Could You Claim?
There are up to two separate types of damages that could make up a personal injury settlement for a successful claim. These are called special damages and general damages.
Firstly, general damages compensate for any psychological damage and/or the physical pain caused by the claimant’s injuries.
We have created the table below as a guide to general damages using the Judicial College Guidelines (JCG). Legal professionals, such as personal injury solicitors, can also use the JCG as an aid when valuing a general damages award.
Guideline Compensation Table
| Injury Type | Severity | Notes on the Injury | Guideline Compensation Bracket |
|---|---|---|---|
| Injuries Involving Paralysis | (a) Tetraplegia | The award will consider whether the person feels physical pain and is fully aware of their disability. | £324,600 to £403,990 |
| Brain Damage | (b) Moderately Severe | The person is very seriously disabled and will substantially depend on others. Needs full-time care. | £219,070 to £282,010 |
| Back Injuries | (a)(i) Severe | Cases of the most severe back injuries that involve damage to nerve roots and the spinal cord. There will be severe pain and disability. | £91,090 to £160,980 |
| Back Injuries | (b)(ii) Moderate | Commonly encountered back injuries, such as backache, caused by disturbed ligaments and muscles. | £12,510 to £27,760 |
| Wrist Injuries | (a) Complete Function Loss | The injury will cause complete function loss. | £47,620 to £59,860 |
| Ankle Injuries | (b) Severe | Injuries that require an extensive treatment period. | £31,310 to £50,060 |
| Arm Injuries | (c) Less Severe | The person will have experienced significant disabilities. However, a substantial amount of recovery will have happened or will be expected. | £19,200 to £39,170 |
| Neck Injuries | (b)(ii) Moderate | Neck injury cases that involve soft tissue or wrenching injuries and severe disc lesions. This results in serious movement limitation. | £13,740 to £24,990 |
| Shoulder Injuries | (b) Serious | The shoulder will be dislocated, and there will be damage to the lower portion of the brachial plexus. This causes pain, aching and further problems. | £12,770 to £19,200 |
| Leg Injuries | (c)(ii) Less Serious | A simple fracture of a femur without damage to articular surfaces. | £9,110 to £14,080 |
This table is a guide.
When Could Special Damages Be Awarded?
Special damages could also be awarded in a successful personal injury claim to compensate for the financial losses incurred due to the claimant’s injuries, such as:
- Travel expenses
- Care costs
- Loss of earnings
- Housing adaptations
These must be proved using evidence. This could involve keeping travel tickets, obtaining payslips and recording invoices.
Would you like to receive an estimate of the award the claimant could receive? If so, you can speak to a member of our team today.
How We Could Help With No Win No Fee Personal Injury Claims On Behalf Of Someone Else
You could choose to use the services of a solicitor when making a personal injury claim on behalf of someone else. They may offer to work on the case under a popular type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
Entering into a CFA would mean that a solicitor usually wouldn’t charge for their services at the following points:
- Upfront,
- When the claim is ongoing, or
- If the claim fails.
On the other hand, a No Win No Fee personal injury solicitor can take a success fee from the compensation if the claim is successful. This is a small percentage that the legislation caps.
Contacting Our Specialist Team
Please speak to a member of our team for a personal injury claim assessment. If they discover that the claim may have valid grounds, they could connect you with one of the No Win No Fee personal injury solicitors from our panel.
You can:
- Call us on 0800 408 7825
- Speak to an advisor via the live chat feature on this page
- Contact us via our online form
Find Out More About Making A Personal Injury Claim On Behalf Of Someone Else
Please explore more of the guides on our website to learn more:
- Forklift Accident And Injury Claims
- Car Accident Compensation Claims For Crashes On A Public Road
- Examples Of Serious Injury Claim Payouts
Also, take a look at the following external links relating to personal injury claims:
- NHS – Urgent and emergency care services
- GOV.UK – Statutory Sick Pay
- The Health and Safety Executive – Employer’s responsibilities
We appreciate you taking the time to read our guide on when you may be eligible to make a personal injury claim on behalf of someone else.
Article by EX
Publisher ET