In some cases, an injured person may be unable to make a compensation claim on their own. This often happens when the injured person is a child or has suffered a brain injury. In these situations, a responsible adult can step in and make the claim on their behalf.
Making a claim on behalf of a child
Cycling accidents involving children are unfortunately common. Statistics from the Royal Society for the Prevention of Accidents (RoSPA) show that one in ten cyclists killed or injured in accidents are children.
Under UK law, children under 18 cannot file their own personal injury claim. If a child is injured in a cycling accident due to someone else's negligence, an adult - typically a parent or legal guardian - must make the claim on their behalf.
With injured adults, the time limit for starting a personal injury claim is three years from the date of the accident of diagnosis of the injury. For children, however, this time limit only starts on their 18th birthday, meaning a compensation claim can be made any time before the claimant' 21st birthday.
See also:
Can a child claim compensation for a cycling injury?
Making a claim on behalf of another adult
Sometimes, an injured adult might not be able to manage their own compensation claim due to a brain injury or other conditions that affect their mental capacity. For instance, adults who are in a minimally conscious state after a cycling accident or those with learning disabilities may be considered 'protected parties'.
In such cases, a responsible person can make the claim on their behalf in the capacity of a 'litigation friend'. The time limit for starting a claim starts when the protected person regains mental capacity. If the person never regains this capacity, there is no time limit for filing the claim.
Acting as a litigation friend
If you are making a claim on behalf of a child or a protected adult, you will act as their 'litigation friend'. A litigation friend has the legal responsibility to manage the claim fairly and in the best interests of the injured party.
It's important that the litigation friend has no personal interest in the claim’s outcome. For example, if a parent was also involved in the accident that injured their child, another family member should act as the litigation friend to avoid conflicts of interest.
How compensation is awarded
If a settlement is reached through negotiation, any damages awarded on behalf of a child or protected party must still be approved by the court. This ensures that the settlement is fair and in the best interest of the injured person.
In cases involving protected adults, the court must decide if the injured person can manage their own finances. If they cannot, the Court of Protection may appoint a deputy to manage the financial settlement on their behalf.
Summary
If a loved one is unable to make a compensation claim due to age or mental capacity, you can step in as their litigation friend and help them get the compensation they deserve. Whether you’re claiming for a child or a protected adult, it’s important to seek legal guidance to ensure the process is handled fairly and in the best interest of the injured person.
How we can help
Making a compensation claim on behalf of someone else can feel daunting, but our expert team is here to guide you every step of the way.
Whether you're acting for a child, a loved one, or someone unable to claim themselves, we’ll ensure the process is as smooth and supportive as possible, working to secure the compensation and care they deserve.
If you need help making a no win, no fee compensation claim on behalf of someone else, contact us for a free consultation to discuss your options.
Written by Chris Salmon on 29th June 2016