Advice On Claiming On Behalf Of Someone Else

This is our guide to claiming on behalf of someone else. The law recognises that some people cannot pursue a claim on their own. As such you can be appointed a litigation friend which allows you to make a personal injury claim for someone else.

Claiming compensation on behalf of someone else guide

Claiming compensation on behalf of someone else guide

Our guide provides advice on why you could act on behalf of someone else and we explain the responsibilities of a litigation friend. We explain what responsibilities fall to a person who acts on behalf of someone else. Lastly, information on how a Conditional Fee Agreement works to your benefit is explained.

For more information on acting as a litigation friend and to find out how to qualify, please continue reading our guide. To speak to an adviser, please reach out to a member of our team on 0161 696 9685. Our lines are open 7 days a week 24 hours a day.

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A Guide To Claiming On Behalf Of Someone Else

Our guide to claiming compensation on behalf of someone else provides essential advice on the role of a litigation friend. We explain the role they play on behalf of the person or child they represent.

Also, we explain how solicitors and courts calculate general damages and special damages, and we provide a table showing amounts awarded for specific injuries based on the Judicial College Guidelines.

We offer essential information on how a No Win No Fee lawyer could assist in claiming compensation. In addition, we provide information on how a Conditional Fee Agreement works to your benefit so that you do not have to worry about costly legal fees.

Questions regarding making claims for those who suffer from pre-existing conditions, or on behalf of a child are covered. Moreover, guidance on claiming compensation for someone with diminished mental capacity, or a life-changing injury is provided in our guide.

A member of our team is here to provide free legal advice and to offer you advice on how to claim personal injury compensation on behalf of someone else.

Claiming On Behalf Of Someone Else Compensation Calculator

Solicitors and insurers may base the value of an injury on the Judicial College Guidelines (JCG). This is a document that provides values for injuries that could occur in personal injury cases. As such, the table below provides awards taken from these guidelines. The figures are representative of general damages. In a successful claim, the claimant may be awarded general and special damages. We have not included special damages for losses and expenses incurred.

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Injury sustained Severity General Damages awarded based on JCG
Damage to neck Diagnosis – Severe £42,680 – £139,210
Injury to a leg Diagnosis – Severe £36,790 – £127,530
Injury to pelvis or hips Diagnosis – Severe £36,770 – £122,860
Injury to arm Diagnosis – Severe £90,250 – £122,860
Damage to neck Diagnosis – Moderate £7,410 – £36,120
Injury to shoulder Diagnosis – Severe £18,020 – £45,070
Injury to pelvis or hips Diagnosis – Moderate £11,820 – £36,770
Injury to back/spine Diagnosis – Moderate £11,730 – £26,050
Injury to leg Diagnosis – Moderate £26,050 – £36,790
Injury to shoulder Diagnosis – Moderate £7,410 – £11,980
Damage to neck Diagnosis – Minor Up to £7,410
Injury to back/spine Diagnosis – Minor Up to £11,730
Injury to back/spine Diagnosis – Severe £36,390 – £151, 070

Please note the amounts indicated are a guideline.  Without a medical report placing an accurate value on a claim is challenging.

That said, a member of our team will assess your case in an initial consultation. Furthermore, you will receive free legal advice on how to make a personal injury claim on behalf of someone else.

Examples Of How Special Damages Are Awarded

To clarify, personal injury compensation in two parts:

  • General damages cover pain, suffering and loss of amenity, whereas;
  • Special damages cover losses and costs incurred.

Examples of special damages :

Medical Expenses

You can claim medical expenses to cover the cost of prescriptions, and private healthcare and treatment. And other expenses not covered by the NHS. With this said, you must provide proof of expenditure for the medical expenses you include in a personal injury claim to be accepted.

Travel Costs

Travel costs incurred. For example, this could include getting to a hospital and back home again or going to solicitor appointments. In addition, you could claim the parking fees you incurred.

Care Costs

Care costs incurred can be claimed as special damages as long as receipts are provided when claiming these expenses in a personal injury claim.

Loss Of Income

In addition to the above, loss of earnings can be claimed to cover any wages lost providing proof of your losses accompany a personal injury claim.

To answer any questions or queries regarding special damages, a friendly adviser is ready to take your call. We always advise not to spend anything out before you have checked it will be reimbursed. Also as a litigation friend, you may be able to claim back costs you have incurred when acting on behalf of someone else.

What Is A Claim On Behalf Of Another Person?

UK law allows for you to make a personal injury claim on behalf of someone else more especially if an injured party is unable to claim themselves. It means that everyone injured through no fault of their own can seek compensation. There are specific provisions under the law that allow you to act on their behalf so their rights are protected.

To discuss the role of a Litigation Friend, and in particular to discover if you can make a personal injury claim on behalf of someone else, please contact a member of our team.

What Are Litigation Friends?

Litigation friends represent parties who cannot act on their own behalf. It can be a child under the age of 18, or an adult who lacks the mental capacity to file a personal injury claim on their own.

Who could be a litigation friend?

A litigation friend may be a family member, parent,  friend, guardian or social worker. The court can appoint a solicitor to act as a litigation friend.

A member of our team is here to answer any questions you may have regarding personal injury claims made on behalf of someone else.

Who could you be a litigation friend to?

You can act as a Litigation Friend to an injured child under 18 years of age or a protected person who cannot make decisions on their own.

Responsibilities of litigation friends when claiming on behalf of someone else

Responsibilities of a litigation friend include:

  • Ensuring the injured party receives immediate and correct medical attention
  • Collecting evidence which includes photographs of injuries and the scene of an incident/accident
  • Reporting the incident to the Police
  • Talking to witnesses and collecting their contact details
  • Contacting a personal injury solicitor to represent the injured party (optional)
  • Presenting the facts to a lawyer
  • Instructing a lawyer to instigate court proceedings (optional)
  • Provide evidence and medical reports
  • Keep all relevant receipts for medical treatment and travel expenses
  • Record all relevant expenses incurred linked to an injury

A Litigation Friend must not have any vested interest in a personal injury claim. In short, a litigation friend must conduct themselves fairly and competently, and in all matters pertaining to a personal injury claim made on behalf of someone else.

To this end, any decisions made must be in the interest of the injured party, and the injured party must be the sole beneficiary of the personal injury compensation awarded.

For more information on the responsibilities, the role entails, please reach out to a member of our team, so that any questions you have are answered.

How to stop being a litigation friend

To stop being a litigation friend the following must apply:

  • A case ends – unless a child is awarded compensation
  • A child turns 18 years of age
  • A protected party recovers, as a result, they get back their mental capacity
  • A replacement Litigation Friend is appointed by a court

A member of our friendly team is here to offer free legal advice, and to answer any questions you have regarding filing a personal injury claim on someone else’s behalf.

When Can You Claim For Someone Else?

Should a child be injured in an accident caused by a third party, a Litigation Friend is appointed to act on their behalf. Thus their rights are protected.

The injured person is an adult who lacks the mental capacity to file a claim themselves, or they cannot make decisions on their own or do not understand the legal process.

Claims On Behalf Of A Child

The law does not allow for a child to make personal injury claims themselves if they are under the age of 18. A Litigation Friend is appointed to represent a claimant in court which ensures the child’s rights are protected. The Litigation Friend can claim on behalf of the child until their 18th birthday. If no claim is made when the child becomes an adult they can pursue their own claim until they are 21.

If you have any questions, such as ‘My child got hit by a car, can I claim on their behalf?’ or to start a personal injury claim on behalf of a child, a member of our team is here to offer guidance and free legal advice.

Claiming On Behalf Of Someone Else Who Has Had A Life-Changing Injury Or illness

Life-changing injuries or illnesses are often devastating for all concerned. An example being:

  • A family member suffers an injury of an accident or clinical negligence, and they wholly depend on you

The result, their life changes dramatically as does yours.

When an injury is catastrophic knowing help and advice is available helps ease any burdens you face.  But above all, an experienced solicitor could take on your claim on a No Win No Fee basis, thus easing any financial pressures. In short, you don’t have the worry of costly legal fees associated with solicitors.

An adviser can provide you with free legal advice. Furthermore, a member of our team will assess your personal injury claim in a no-obligation, confidential consultation free of charge.

Claims On Behalf Of Someone With A Pre-Existing Condition

The Mental Capacity Act 2005 protects vulnerable parties which include those who suffer from:

  • Alzheimer’s disease
  • Dementia
  • Severe autism, other learning disabilities
  • A mental health condition
  • Stroke
  • A brain injury that leaves an injured party unable to make decisions

A member of our team is here to answer any questions relating to claiming for someone with a pre-existing condition.

Claiming On Behalf Of Someone Else With Diminished Mental Capacity

Someone with diminished mental capacity may not be able to make a personal injury claim themselves as such a Litigation Friend is appointed to act on their behalf.

Parents, close relatives, siblings can act on their behalf. If there are no family members, the court may appoint a solicitor to act as their litigation friend.

A friendly adviser is here to assist you and to answer any questions you have regarding claiming compensation for someone with diminished mental capacity.

Claiming After A Fatal Accident

Should someone close to you pass away the process of claiming compensation can be a challenging experience. Filing a personal injury claim entails reliving a traumatic episode which is never easy. Talking to a solicitor and explaining the events is an essential part of the process. You can do this over the phone if you find it more comfortable.

Please contact a member of our friendly team who would treat your call with sensitivity at a difficult time. In addition to providing free legal, a member of our team can assess your case, and could offer you an idea regarding the compensation payout you could be awarded in a successful personal injury claim.

Claims On Behalf Of Someone Else With A No Win No Fee Agreement

Whether making a claim for compensation yourself or on behalf of someone else you may be worried about the costs of legal representation. You may be worried that money would be wasted if the claim did not succeed. That is why we always advise that a claimant opts for a solicitor that works to a No Win No Fee structure.

Firstly, a solicitor must assess your personal injury claim to confirm you have grounds to sue for compensation. Secondly, you must sign a Conditional Fee Agreement (CFA).

Moreover, No Win No Fee agreements do not involve paying a solicitor the following:

  • An upfront fee
  • Ongoing fees

In addition to the above, you would benefit from the following:

  • A success fee is only payable when you receive compensation
  • The amount due is deducted from the compensation awarded
  • No fees are due if you lose your personal injury claim

Funding a solicitor through a No Win No Fee Agreement

Many people do not seek the compensation they deserve because of solicitor fees. However, signing a Conditional Fee Agreement lets you fund a solicitor with less financial risk. As such, you can concentrate on other important things, this is because the legal process is managed by the No Win No Fee solicitor who acts on your behalf.

To discuss acting as a litigation friend with a member of our team, and to receive free legal advice, please call a member of our team. In addition to essential advice, an adviser will explain what this entails when you make a personal injury claim on behalf of someone else.

If an advisor can see that you have valid and legitimate grounds to make a personal injury claim on behalf of someone else they could offer to connect you to a personal injury solicitor from our panel. If a solicitor agrees to take on your case they will do so on a No Win No Fee basis.

Contact Us

To discuss compensation payouts with an adviser, and to find out whether you have a good reason for claiming on behalf of someone else, please contact a member of our friendly team.

We can be reached by phone on 0161 696 9685 – lines are open 7 days a week 24 hours a day.

Alternatively, you can use our online chat, or you can fill out our contact form by clicking here.

Resources

More information regarding litigation friends:

Who  can be a litigation friend

To find out more about special damages, please follow this link:

Quantification of Loss – Special damages

Information on pre-action protocols can be found on the link below:

Pre-action protocols in personal injury claims

To find out how much compensation may be awarded for a head injury, please click on link below:

Guide to head injury compensation

If a minor was injured in a car accident and you need more information on how to claim compensation, please follow the link provided below:

Car accident personal injury claims

The link below takes you to a guide on how to make a claim with a No Win No Fee solicitor:

No Win No Fee claims

Page by YS

Published by AL.