Can I Claim for Someone Else Who Suffered a Serious Injury?

Dawn Rose
Personal Injury Solicitor, Serious Injury Team Leader

Yes. Many people who suffer a serious injury may not be in a position to claim compensation themselves, and the law allows family and friends to act on their behalf.

People who are unable to take legal action could include children and those without the mental capacity to make decisions for themselves. If a loved one suffers a serious injury in an accident or due to medical negligence, you need to consider the long-term implications. This may include costly medical care, extensive rehabilitation, mobility aids or potentially even moving to a new, more suitable home.

All this costs money, so it’s only right that they get the compensation they deserve to ease the financial burden if the injuries or accident they suffered wasn’t their fault.

Our Personal Injury Solicitors are specialists and can advise on whether you can claim on another person’s behalf. We may be able to deal with the claim on a No Win, No Fee basis – just ask us for details.

Call us on 0808 239 3227 or request a callback

Claiming Compensation on Behalf of a Child

If you wish to claim compensation on behalf of anyone aged under 18, you may be able to apply to the Court to be appointed as their Litigation Friend, who can act for the child in Court. In this case, your responsibilities may include:

      • Instructing a Personal Injury Solicitor and providing them with the necessary facts of the case
      • Providing the Solicitor with medical documentation and receipts relating to any treatment and travel costs the child has incurred
      • Logging details of all other costs that have resulted from the injury, such as the cost of home adaptations and buying mobility aids.

A Litigation Friend may also be able to help the child by providing the Personal Injury Solicitor with evidence relating to the accident itself, such as pictures of the child’s injuries and images of the location where the accident took place, as well as the contact details of witnesses who may be willing to testify.

This information can be vital in enabling our Solicitors to calculate the value of the claim and an appropriate amount of compensation.

We should stress however that a Court may need to approve your request on claiming compensation on behalf of a child. We can advise you on this.

If a person below the age of 18 has suffered a serious injury, they won’t be able to claim in their own right until they turn 18 – and then, they’ll only have a 3-year window in which they’ll be allowed to take legal action.

Claiming for Someone with Reduced Mental Capacity

You may be able to claim compensation on behalf of a person with diminished mental capacity, regardless of whether or not it was caused by the injury itself.

For example, a person’s mental capacity may have been caused by a serious brain injury. But alternatively, the victim may have had learning difficulties or a degenerative condition such as Alzheimer’s disease at the time they were injured. As a result, they’d be just as entitled to claim compensation, and in need of someone to act on their behalf.

Why Claim Compensation?

A compensation settlement should ensure a person who’s suffered a serious injury that wasn’t their fault is able to access the care and support they need without any financial pressure.

Any compensation awarded can go towards costs such as:

        • Private medical treatment
        • Physiotherapy
        • Prescription costs
        • Purchasing equipment such as wheelchairs and prosthetic limbs
        • Paying for home adaptations, such as wheelchair ramps and stair lift.

Compensation can also cover any loss of earnings that may have resulted from the accident, both for the victim and anyone who is having to provide care to the injured person.

For free legal advice call our Personal Injury Solicitors

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