Litigation friends are there to represent and instruct the direction of a personal injury case of some one else as they are unable to do so. This is commonly a minor; a person under the age of 18, although anyone who is unable of running their own claim will need a litigation friend. Such as, the elderly, mentally ill or somebody who is too distressed or who feels they can’t cope, often because of the accident itself.
For example, if someone of the age of 10 is injured, they would be seen as being incapable of making the decisions regarding their claim so therefore a litigation friend would do this on behalf of them. The alternative of using a litigation friend for a child is waiting until they are 18, when they will then have a further 3 years to pursue the case from their birthday.
A litigation friend to a child is usually a parent, although it can be a guardian, close relative, adult friend, social worker or, in some cases, somebody else appointed by the court. To the elderly or mentally ill, a carer or relative are common litigation friends. Litigation friends should always act in the best interest of the injured person and have no adverse interest, and be someone who the claimant trusts.
