Friends and family members could be injured in the workplace, on the road, or in a public place. If these injuries were caused by a liable party’s actions or inactions, then they could be eligible to claim compensation. However, if they are not able to claim on their own behalf, what happens? In this guide, we answer the question “can I claim compensation for a family member”.
We begin by looking at claiming for a family member with diminished mental capacity and then explain how to claim on behalf of a child. Finally, we set out how one of our No Win No Fee solicitors could help you make a claim.
Please contact us about your personal injury compensation claim by:
- Calling one of our advisors on 0800 073 8801.
- Completing our contact form to start a claim.
- Click on the live support chat below.
Browse Our Guide
- Can I Claim Compensation For A Family Member?
- How Do I Claim On Behalf Of My Child?
- Can I Claim Compensation For A Family Member On A No Win No Fee Basis?
- More Resources About Claiming Personal Injury Compensation
Can I Claim Compensation For A Family Member?
We will begin by answering the guide’s main question, ” Can I claim compensation for a family member?” The simple answer is that yes, in certain circumstances, you may be able to claim compensation on behalf of someone else, whether this is a family member, a friend, or another loved one.
In order to claim on behalf of someone else for any of the types of accident, the claim must meet the standard criteria. These are:
- The injured party must have been owed a duty of care by a third party (such as an employer).
- The duty must have been breached in some way. For example, an employer may have given no training at work in how to use machinery.
- That the claimant was injured as a result of this breach. For example, due to not having appropriate training to use machinery, the injured party doesn’t know to shut down a machine before unclogging it. They suffer a serious head injury in addition to a traumatic arm amputation.
However, before you can make a claim on their behalf, you must be appointed as a litigation friend. This is someone who can act in a legal case on behalf of a person who is unable to claim themselves. For example, the injured person may be a child or have diminished mental capacity.
A litigation friend may be a parent, guardian or other family member. They may also be a solicitor. To be appointed as a litigation friend you must apply to the courts. When applying to the court you must either complete a certificate of suitability or provide a court order which shows you have been appointed as a person’s deputy.
You can read more about being appointed as a litigation friend by reading the government resource above or by contacting our team.
What Does Diminished Mental Capacity Mean?
In certain circumstances, such as where the injured person has a pre-existing condition or where they suffered brain damage such as after a car accident, it may be necessary to claim on their behalf. Such conditions or injuries may mean the person can not make decisions on their own behalf or fully understand what has happened to them.
To be appointed as a litigation friend for someone with diminished mental capacity, you must provide evidence to show that they lack the mental capacity to claim on their own behalf. The Mental Capacity Act 2005 enables you to make a claim for people with certain conditions.
If a family member suffered brain damage after a road traffic accident you could help them to claim. Please contact us for more information.
How Do I Claim On Behalf Of My Child?
Similarly to those with diminished mental capacity, children are unable to make a claim on their own behalf. This means that another person will need to act on their behalf in a personal injury claim. To do so, they will need to act as a litigation friend. The same general criteria to be a litigation apply to child accident claims.
We should note that should a claim not be lodged on behalf of the child before they turn eighteen they will subsequently be able to claim on their own behalf.
Please contact our team if a child you are responsible for has been involved in an accident.
Can I Claim Compensation For A Family Member On A No Win No Fee Basis?
One of our solicitors could help you to claim compensation for a family member. They could do so by handling your case through a Conditional Fee Agreement (CFA). The CFA allows the solicitor to work on a case without the need to ask for any payments in advance for their services.
If the No Win No Fee solicitor does not win your claim, there is nothing to pay. If they do win your claim, you will pay a success fee. This fee is calculated as a percentage of the compensation that has been awarded to you. There is a legal limit on the percentage. This helps to make the process of claiming for a loved one easier.
Get in touch to find out if you can claim compensation for a family member.
- Call our advisors on 0800 073 8801
- Fill out our form to start a claim online.
- Use the live support to talk to a member of our team.
More Resources About Claiming Personal Injury Compensation
In the final part of our guide you can find additional personal injury claim resources.
- Information about claiming road traffic accident compensation.
- Learn more about making a public liability claim in this guide.
- Find out more about the accident at work claims process in this guide.
Resources
- Get guidance on what to do if your child has an accident in this NHS resource.
Find further information on assessing mental capacity in this government resource.
This resource from Mind looks at your legal rights in relation to the Mental Capacity Act 2005.
We hope our guide has answered the question, “can I claim compensation for a family member.” Please contact our team for more information on how to claim compensation.
