What is a Litigation Friend?
As many people are aware, in the event that a person is injured in an accident that they were not responsible for causing, that person has the right to make a compensation claim Stoney Cross. In the event that they are successful, this compensation could not only recognise their pain and suffering but also provide a rebate for any financial losses such as not being able to work or medical costs. Therefore, more and more people are being urged to seek the compensation claim in Stoney Cross which they are legally entitled to.
What people are less likely to be aware of is what happens when the person who has been injured or suffered as the result of another persons’ actions is unable to make their claim personally. There are several instances where a person cannot make a legal claim for themselves. This may be because they are under the age of 18, lack the capacity to do so as directed by a doctor or a legal professional or because their injuries were so severe that they either did not survive or have suffered a disorder of consciousness where they now find themselves comatose or in a vegetative state.
In the event that the person who has been injured, cannot because of any of the reasons above, make their own compensation claim in Stoney Cross, then this does not mean that their claim cannot be heard. What happens in these cases is that, a person who is either their parent/guardian, next of kin or is legally responsible for them (by way of an order by the Court of Protection) acts on their behalf in their compensation claim in Stoney Cross in the capacity of “Litigation Friend”.
In order to make a claim on someone else’s behalf, a Litigation Friend must have legal responsibility for them and be authorised to act on their behalf. The rules as to how to go about claiming differ depending on whether the person in question is under or over the age of 18 years.
In the event that the accident in question caused injuries to a child under the age of 18, then their parent or guardian has up until their 18th birthday to pursue the claim for compensation. However, if the injured party was over 18 at the time of the incident then their Litigation Friend has the standard 3 years in which to make their claim.
A further rule which applies in all cases means that the person acting as Litigation Friend must be completely independent from the injured party and the accident. This means, for example, that if the injuries occurred as the result of a car accident then the Litigation Friend cannot have been part of the accident.
Making a Compensation Claim in Stoney Cross
Accident Advice Helpline has extensive experience in assisting with compensation claims for a wide range of personal injuries. Our 30 second test could quickly tell you the validity of your claim and we can support you throughout the entire process. Call free on 0800 689 0500 or 0333 500 0993 from a mobile phone for free, no-obligation advice about making a claim.
Date Published: 22nd August 2013
Author: David Brown