In this guide, we will discuss when you could be eligible to make a personal injury claim on behalf of someone else. There may be certain circumstances that mean a person is unable to bring forward a personal injury claim themselves; for example, they may be under the age of eighteen and are, therefore, a child, or they may lack the mental capacity to make a claim.
The Mental Capacity Act 2005 sets out the definition of the term ‘lacks capacity’. In Section 2 of the Act, it states: A person lacks capacity when they are unable to make a decision for themselves due to an impairment of, or disturbance in the functioning of, the brain or mind.
As we move through this guide, we will explain how and when a personal injury claim could be made on behalf of someone else. Also, we will explain who could be eligible to do this.
Furthermore, we will provide a guideline compensation table that covers various injuries. Finally, we will discuss how a personal injury solicitor could help you. We will expand on this by exploring the potential benefits of using a No Win No Fee solicitor.
If at any time you would like to ask a question about pursuing personal injury compensation on someone else’s behalf, please use the contact details below to speak to one of our advisors. They are available 24/7.
To get in touch with a member of our team, you can:
- Call us on 0800 073 8801
- Contact us via the callback form on our webpage
- Use the live chat window on this page
Select A Section
- How Do I Make A Personal Injury Claim On Behalf Of Someone Else?
- Who Could Make A Personal Injury Claim On Behalf Of Someone Else?
- How To Prove The Person Is Eligible To Make A Personal Injury Claim
- Examples Of Personal Injury Claim Settlements
- How A No Win No Fee Solicitor Could Help
- Learn More About Personal Injury Claims
How Do I Make A Personal Injury Claim On Behalf Of Someone Else?
To explain how you could make a personal injury claim on behalf of someone else, it is first important to define the term negligence, which forms the basis of this type of claim. Negligence is:
- A third party, such as the body responsible for a public space or an employer, owed the person a duty of care at the time of the accident.
- This third party breached their duty of care.
- As a consequence of this breach, the person suffered either mental health injuries, physical injuries, or both.
A personal injury claim could be made for various types of accidents such as, accidents at work, accidents in a public place and road traffic accidents. We will discuss these in more detail in the following sections.
Accidents At Work
The Health and Safety at Work etc. Act 1974 (HASAWA) outlines how employers owe their employees a duty of care to ensure their safety at work. This means that must carry out reasonably practicable measures, such as providing proper training. If they fail to do this, an employee could be injured as a result.
Accidents In A Public Place
Under the Occupiers’ Liability Act 1957, the body in charge of a public place owes any visitors to the space a duty of care to ensure their reasonable safety on the premises. If they fail to do this, it could lead to an injury.
Road Traffic Accidents
Every road user has a duty to take reasonable care when navigating the roads to avoid causing harm to themselves and others. The Road Traffic Act 1988 (RTA) outlines road user duty of care. Also, The Highway Code provides guidance on road user responsibilities. It also contains rules which are supported by law.
Who Could Make A Personal Injury Claim On Behalf Of Someone Else?
In the case that a person is either a child or lacks the mental capacity to make their own personal injury claim, a litigation friend can be appointed by the courts. As a litigation friend, you would then make the claim on the person’s behalf.
You may wonder, ‘Who is suitable to be a litigation friend?’. The court will consider your suitability to make a personal injury claim on behalf of someone else by making sure that your interests do not conflict with those of the claimant and that you can make decisions about the case in both a fair and competent way.
For example, the courts could appoint a:
- Parent/guardian,
- Family member,
- Friend,
- Solicitor, or
- Court of Protection deputy
To become a litigation friend, you can either:
- Apply to become a litigation friend, or
- Ask the court to appoint a litigation friend.
To learn more about when you could make a personal injury claim as a litigation friend, please speak to one of our advisors.
How To Prove The Person Is Eligible To Make A Personal Injury Claim
It is important to provide evidence in support of a personal injury claim that proves the occurrence of negligence. This may include:
- Photographic evidence
- CCTV or dashcam footage
- Copies of medical records
- The contact details of any witnesses to the accident
- A diary you have kept of your symptoms and any treatment undergone
A solicitor can help you to collect evidence to support a personal injury claim made on behalf of someone else. Please speak to one of our advisors to learn more about the process involved in seeking compensation.
Examples Of Personal Injury Claim Settlements
In the case of a successful personal injury claim, there are two types of damages that could make up the award. These are general damages and special damages.
General damages is the first head of claim, compensating for any mental damage and/or the physical pain and suffering resulting from the claimant’s injuries. As a guide to this, we have created the table below using the Judicial College Guidelines (JCG). Personal injury solicitors and various other legal professionals can use the JCG to aid them in valuing compensation claim payouts.
Guideline Compensation Table
Injury Type | Severity | Notes on this Injury | Guideline Compensation Brackets |
---|---|---|---|
Injury Involving Paralysis | (a) Tetraplegia/Quadriplegia | The award level will take into consideration whether the person is in physical pain, whether they are fully aware of their disability, and their life expectancy. | £324,600 to £403,990 |
Brain Damage | (a) Very Severe | The person will require full-time nursing care, and have minimal or no language function. | £282,010 to £403,990 |
Brain Damage | (c)(iii) Moderate | Concentration and memory are affected, there is a small risk of epilepsy, and the ability to work is reduced. | £43,060 to £90,720 |
Back Injuries | (a)(i) Severe | Instances of the most severe back injuries involving a damaged spinal cord and damage to the nerve roots. This will lead to a combination of consequences that are of a very serious nature. | £91,090 to £160,980 |
Arm Amputation | (b)(ii) Loss of One Arm | The arm is amputated above the elbow. | £109,650 to £130,930 |
Neck Injuries | (b)(i) Moderate | Injuries that cause severe immediate symptoms and possibly necessitate spinal fusion, such as dislocations or fractures. | £24,990 to £38,490 |
Elbow Injuries | (b) Less Severe | The injury will cause elbow function to be impaired but will not involve major surgery or disability of a significant nature. | £15,650 to £32,010 |
Hand Injuries | (g) Less Serious | A severe crush injury that results in significant impairment of hand function. | £14,450 to £29,000 |
Leg Injuries | (c)(i) Less Serious | Soft tissue injuries considered serious or fractures, where the injured person makes an incomplete recovery. | £17,960 to £27,760 |
Foot Injuries | (f) Moderate | Permanent deformity and continuing symptoms caused by displaced metatarsal fractures. | £13,740 to £24,990 |
Please consider this table a guide.
Can You Help Someone Else Claim Special Damages?
Special damages is the second head of a personal injury claim, compensating for the financial losses caused by the claimant’s injuries. These losses may include:
- Loss of earnings
- Travel costs
- The expense of housing adaptations
- The cost of care
It is also important that you provide evidence proving these losses. This could be in the form of payslips, travel tickets and invoices.
If you would like to ask about an estimate of the compensation that the claimant you are claiming on behalf of could receive, please contact a member of our team.
How A No Win No Fee Solicitor Could Help
The use of a legal professional when making a personal injury claim on behalf of someone else can provide various benefits; for example, they can give you expert legal advice drawn from years of experience. What’s more, a solicitor could offer to work the claim on the basis of a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
Under a CFA, a No Win No Fee solicitor generally would not ask for payment for their services upfront, during the ongoing course of the case, or in the event your claim is unsuccessful.
Alternatively, if the personal injury claim is successful, a solicitor working on the basis of a CFA can take a small percentage of the compensation. This is called a success fee, which legislation caps.
Speak To Our Team About Your Claim
Get in touch with our team for an evaluation of the claim you intend to make on behalf of someone else. If they find that the personal injury claim could be eligible, they may place you in contact with one of our No Win No Fee solicitors.
To get in touch with a member of our team, you can:
- Call us on 0800 073 8801
- Contact us via the callback form on our webpage
- Use the live chat window on this page
Learn More About Personal Injury Claims
Please take a look at more of the articles on our website to learn more about personal injury claims:
- How Many Personal Injury Claims Go To Court?
- Pedestrian Accident Injury Claims
- How Long Are Limitation Periods In Personal Injury Claims?
Also, explore the following external links for further information:
- GOV.UK – The Duties of a Litigation Friend
- GOV.UK – Statutory Sick Pay (SSP)
- NHS – When to use 111
Thank you for reading this guide to when you could be eligible to make a personal injury claim on behalf of someone else. Please use the contact details provided in this guide to speak to one of our advisors if you have any other questions.
Guide by JO
Edited by MMI