A Litigation Friend is somebody appointed to help a child or vulnerable adult make a personal injury claim.
If a child has been injured, they will be too young to make a claim, and a vulnerable adult may lack the capacity to make decisions for themselves. In that case, they must be represented by a suitable and competent adult.
These adults are known as Litigation Friends, and are often friends or family members of the injured person.
The claim will be conducted in the same way, but it’s the Litigation Friend who gives instructions to the Personal Injury Solicitor, not the client.
A Litigation Friend must always act in the client’s best interests when making decisions about the case and not their own.
We're rated‘Excellent’There are two types of people who need a Litigation Friend to make personal injury claims.
Anyone can be a Litigation Friend and often, it’s family members who take up this role for their loved ones. For example, parents may act as a Litigation Friend for a child who’s been injured in a road traffic accident, but it can also be a family friend, social worker or guardian.
If there is nobody suitable or willing to act as someone’s Litigation Friend, they might be able to use the Official Solicitor to make a claim instead.
A Litigation Friend can perform many tasks, such as:
It’s a big responsibility and people should think carefully before they agree to act as Litigation Friend for someone.
The Litigation Friend must also complete a Certificate of Suitability, a form that explains why they are the right person to be a Litigation Friend.
The obligation of a Litigation Friend ends when the child turns 18 years old. If you are a Litigation Friend for a protected party, it would end when the injured person regained mental capacity.
The Court will have to approve any compensation settlement on behalf of the child or protected party.
This means that once a claim settles, the case goes to Court and a Judge decides at an approval hearing whether the figure agreed between the parties is reasonable.
The Litigation Friend will go to the approval hearing with the client as their representative.
An Inquest is an investigation carried out by a Coroner into the circumstances surrounding a death. Where a death is potentially suspicious or unnatural, a Coroner will carry out an in-depth investigation, with the aim of finding out how, when and why the death came about.
Phantom limb pain is when someone experiences pain that seems to come from a limb or finger or toe that isn’t there because of an amputation. For most, phantom limb pain will be temporary and get better over time but this isn’t always the case. It is a recognised form of chronic neuropathic pain.
Our Injury Lawyers can help you claim compensation and get rehabilitation support if you’ve suffered a personal injury, such as an accident at work or an accident in a public place.
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