How can a child bring a claim on their own? Can someone deal with my claim for me? These are just a couple of the questions we face at The injury Lawyers on a daily basis. So what are the answers? Well, as you might expect in the case of a child, they are unable to undertake legal proceedings of their own accord. After all, the child may be three, four or five years old, and could not possibly be expected to do so. The law recognises this and understands that those under the age of 18 do not have the ‘legal capacity’ to bring claims on their own. It is therefore necessary where the person who has sustained an injury is under the age of 18 that they have what is called a ‘Litigation Friend’. In other words a responsible adult who can act on their behalf. In the case of children, this will usually be the child’s parent or guardian. Equally, this could be a social worker or another adult. Importantly, this is also applicable to those who, by way of the Mental Capacity Act 2005, are deemed to be a ‘protected party’ and would similarly require a Litigation Friend.
Okay, but what if I am an adult myself, but I am frequently in and out of hospital as a result of my injuries and therefore cannot frequently deal with my claim? It is not that you do not wish to deal with your claim yourself; it is simply that it is not practicable to do so. Or maybe you are elderly or feel too distressed by your accident and do not wish to deal with your claim yourself. This is not a problem either. Like a child, you can nominate a Litigation Friend, or simply have another person with the written authority to act on your behalf.
At The Injury Lawyers, we always advise that those nominated to be a Claimant’s Litigation Friend should have the very best interests of the Claimant at heart. The Litigation Friend must be someone who the Claimant can put their wholehearted trust in. They must be reliable and able to address all issues raised, just as you would. Naturally, the Litigation Friend must not have a conflict of interest with the Claimant.
It is also important to know that having a Litigation Friend does not in anyway affect how your claim is run. This stays exactly the same. The only thing a Litigation Friend will have to do is sign a form giving them authority over the Claimant’s claim.
