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Can I Claim Compensation For Somebody Else? – View Online Guide

Can I Claim Compensation For Somebody Else? – When Can You Claim Compensation On Behalf Of Someone Else?

Claim compensation for somebody else

Claim compensation for somebody else

If somebody you know is injured in an accident that is not their fault but they’re not able to claim compensation for their injuries themselves then it is possible, under certain circumstances, for you to make a claim on their behalf as well as being the person responsible for ensuring they get all of the treatment and care they require.

Legal Expert are personal injury solicitors that have the specialist skills required to help you to make a claim on behalf of a loved one. If you’d like to begin a claim today, then please call our team on 0800 073 8804 and we’ll offer you all of the advice you’ll need to begin your claim.

However, if you’d like to know more first then please read this guide that will answer the question “Can I claim compensation for somebody else” and provide you will all of the information you’ll need to decide if you want to make a compensation claim or not.

We’ll cover the legal process of claiming for somebody else, what compensation amounts could be, what can be included in your claim and how no win no fee services actually work.

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A Guide To Claiming Compensation For Another Person

Claiming compensation can be a daunting experience, even for the most astute people, so imagine how difficult it must be for somebody like a child or an adult who’s not got the ability (mentally) to deal with a solicitor’s (or even court’s) questions.

That’s why it’s possible to make a claim for some for somebody else by becoming their litigation friend (more to follow about this later in this guide). It essentially promotes a friend, relative or other party to deal with a claim on behalf of the injured person.

There are a number of conditions attached to making a claim on behalf of somebody else which this guide will explain in some detail which essentially are put in place to protect the injured person.

Legal Expert offer no win no fee services for cases that are made by family members on behalf of others and have a team of specialist solicitor’s on hand to help with these types of claim.

As with all personal injury claims, even if you’re claiming on behalf of a loved one, there are time limits for making claims. Also, a claim will only be possible if:

  • The injured party was owed a duty of care by the person you’re claiming against.
  • The duty of care was breached in some way.
  • And it was that breach of duty that caused the injuries to be sustained.

Hopefully, from the information provided so far, and the details that follow, you’ll understand if you are eligible to claim but, if you’re not sure, you could always speak with one of our advisors for clarification.

Starting A Claim For Someone Else

When you are considering starting a compensation claim for somebody else you need to speak with a personal injury lawyer so that they can understand:

  • The case for compensation
  • The reasons why you are making the claim instead of the injured party.

At Legal Expert we offer a free, no obligation, consultation where we’ll listen to the details of how the accident happened, the injuries sustained and why the other person may be responsible.

Then we’ll assess with you why you’re claiming on someone else’s behalf. There can be many reasons which we’ll cover in more detail and so long as we are in agreement then we could offer a no win no fee agreement to take the case forward.

As mentioned earlier, there are time limits when making a compensation claim for somebody else which must be adhered to.

Ordinarily, you’d have 3 years to make a personal injury claim but when considering making a claim for somebody else you need to follow these additional guidelines:

  • In the case of children, you can make a claim for them anytime before their 18th Once they turn 18 then they have 3 years to make them claim themselves i.e. by time they turn age 21.
  • If the injury or illness has only just been diagnosed, even though the accident happened some time ago, then the 3 year time limit begins when the diagnosis was provided.

If you’re unsure of how long you have to make the claim on behalf of somebody else, then please speak with one of our advisors who’ll be happy to check for you.

Because of the strict time limits we’d advise that you begin the claim process as soon as possible after an accident to allow your personal injury solicitor enough time to build a case and to gather all of the supporting evidence required to support the claims for compensation.

What Is A Litigation Friend?

A “Litigation Friend” is somebody who’s been appointed by a court to represent a protected party. Once approved by a court (either by court order or by filling in a certificate of suitability), a litigation friend must:

  • Be involved with the personal injury solicitor that has taken on the case, seeking advice from them and making decisions that are in the best interest of the injured person.
  • Ensure, where possible, that the injured party is kept up to date with what is happening.
  • At all stages, ensure that they are acting in the best interests of the injured party and not themselves.

Essentially, all correspondence and agreements are conducted between the solicitor and the litigation friend, ensuring that everything is done to properly and fairly and in the best interests of the actual claimant.

Who Can I Be A Litigation Friend To?

There are two cases where courts will allow litigation friends to represent others:

  • A child (an under 18 year old)
  • An adult who can manage their own court case due to lack of mental capacity. This could be due to brain damage, death or other conditions caused by or prior to the accident.

As well as dealing with the claimant’s solicitor, a litigation friend would be required to represent them if the compensation claim was to be heard in court. The solicitor would represent them legally, but the litigation friend would answer any questions on behalf of the claimant.

In all cases the court will be seeking clarification that the claimant is being represented by somebody who wants to help them, is legally allowed to and has their best interests at heart.

Who Can Be A Litigation Friend?

A court can decide to appoint anybody (who’s competent and their interests don’t conflict with the claimants) as a litigation friend.

People who might be considered as litigation friends include:

  • A parent or guardian of a child.
  • A friend or family member (not just a parent)
  • A court provided deputy
  • Somebody who has applied successfully for a lasting power of attorney
  • A solicitor

The court will assess why the person wants to assist the claimant, that they are able to do so competently that everything will be done in the best interests of the injured person.

Claim Compensation for Somebody Else After A Life Changing Injury

If your loved one has life-changing injuries then we understand how difficult your life may have become emotionally, physically and the changes you may have made to support them day to day.

It is only right that, if their injuries were caused by somebody else, you claim compensation on their behalf to help make their life, ongoing care and recovery easier.

Life-changing injuries are often the most complex cases to work on because much medical evidence is required to support the claim and using the right solicitor and medical experts can be essential in proving how the injuries have affected the lives of those involved.

As well as a compensation payment, it is sometimes necessary to conduct a need assessment which can be used to ask for an interim payment. These are made, in the most serious cases, because the claimant’s life is affected so badly that specialist treatment or home modifications are needed which can’t wait for the claims process to be completed.

Our specialist team offer compassionate advice in a professional way but always aim to obtain the compensation that the claimant deserves. We’re available to speak with you, at a time that suits you, to help begin the claim.

Claiming For Somebody Else When there Are Pre-existing Conditions

You can also claim compensation for somebody else who had a pre-existing condition that prevents them from being able to make the claim themselves. The injury sustained doesn’t necessarily need to be the reason that you’re claiming on behalf of somebody else.

For instance, if your loved one had a mental health issue prior to their accident and their injuries weren’t related to that condition then you could claim the compensation for them because of the Mental Capacity Act 2005 which offers more protection for vulnerable people.

Medical assessments might be ordered, or previous medical records may need to be provided to assess the level of incapacity and to back up the claim that the person you’re claiming for is unable to do so themselves, but our team fully understand the processes involved so if you’re unsure then please speak with us as soon as possible.

Can I Claim Compensation For Somebody Else After Their Death?

If a loved one has died during an accident or an illness caused by negligence you may not be comfortable with making a claim, but it is allowed and the person who has died can be represented by somebody else so that any compensation goes into their estate to support their loved ones after they’ve passed.

As an example, if the person who was fatally injured was the main financial provider in the family, then the compensation could include the future loss of their income which would’ve been used to pay for the mortgage, bills and support costs.

We can help if you’re looking to claim in this way and will work with you at a pace that suits you as we understand how difficult it can be for some people. We won’t rush you, but we will still work hard to ensure the compensation claim is made correctly.

We are dedicated in trying to get the full amount of compensation that you’re entitled to so will always try to gather as much information from you as possible but we’ll do it in a compassionate and sympathetic way so as to not make you feel under any pressure in what we understand will be a difficult time for you.

I Am Claiming Compensation For Somebody Else, What Can This Claim Include?

When making any type of compensation claim there are a number of elements that make up the claim. These cover the pain and suffering caused by the accident as well as the financial impact that the injuries has caused for you or the claimant.

The different elements that may be claimed are:

  • General Damages: These are pre-determined compensation amounts for each type of injury and vary depending on the severity of the injury. As an example, somebody who’s suffered a bruised head with temporary concussion would get paid less compensation that somebody with a severe head injury that led to permanent brain damage.
  • Care Costs: If the person you are claiming on behalf of requires any care, either from you or a medical professional, then the cost of this could be claimed back. If you have had to make changes to your working hours, then it could be possible to include your loss of earnings in this part of the claim.
  • Travel Costs: When you have to travel to and from medical treatment, physio or psychological support services then the costs can build up rapidly. These costs can be claimed back, and receipts should be kept as evidence.
  • Loss of Earnings: This could be a large part of any claim, in the case of serious injuries. When the injured party is unable to attend work for a period of time, they may lose some of their salary which can be claimed back but, if they have to stop working altogether then you could also claim for the loss of future earnings as well.

Another element that could be included might be the costs of modifications to the home environment i.e. if the house has to be adapted because the injuries prevent the injured party from using the upstairs or a wet room being installed to allow wheelchair access.

Calculating Compensation When You Are Claiming For Somebody Else

It’s actually quite difficult to calculate the amount of compensation due for any particular case as every claim is different. We need to assess your claim fully before estimating the compensation but for now, we can provide the table below which details the range of compensation offered for different injuries:

Type of injuryRange of Compensation OfferedNotes
Moderate head injury£12,210 – £174,620This may include some loss of sensation in your limbs. It may also alter your personlity or functioning. You may be less dependent on help than for other more serious forms of injury.
Minor head injury£1,760 – £10,180Slight head injuries with short recovery times
Moderate eye injury£7,270 – £31,320This could be partial sight loss in both eyes or loss of sight in one eye.
Minor eye injury£1,760 – £6,960Minor eye injury
Severe back injuries£30,910 – £128,320This could lead to nerve damage or even paralysis. It could possibly cause long term and severe pain . Might also impair movement.
Severe or serious shoulder injury£11,200 – £42,000Injury with some permanent loss of feeling. The very serious cases could include shoulder paralysis.
Moderate shoulder injuries£6,900 – £11,200Simple breaks and fractures or damage.
Severe elbow injuries£31,220 – £43,710Seriously elbow injury which causes a disability.
Serious knee injuries£45,700 – £84,300Serious injury to the knee joint.

As mentioned earlier, the range is derived from the severity of the injury and how much pain and suffering it will have caused. One of the role’s of a personal injury solicitor is to provide the evidence that details how severe the injury was by providing medical evidence and records.

If your injury is not listed here, don’t worry as this is just a sample. Please speak with one of our team to discuss your case as we understand that they are usually unique.

No Win No Fee Compensation Claims For Somebody Else

Claiming compensation for somebody else can be one of the more complex compensation claims and, if paying a solicitor an hourly rate, could lead to a large legal bill which you’d have to pay even if they didn’t secure any compensation for your loved one.

We believe it is fairer to offer a no win no fee solution. When we’ve discussed the claim with you, and you’ve been approved as a litigation friend, we’ll agree with you a percentage that’ll we’ll charge if we win compensation in the case.

If we win, then we’ll retain the agreed percentage of the compensation and send the remainder directly to you but if we’re unsuccessful then you don’t have to pay anything at all.

We believe this is the fairest way of claiming compensation and makes the process a lot more stress and risk free.

Even though we only take cases on a no win no fee basis we still offer the same services that a more traditional solicitor would. Any claim we take on will include:

  • A free, no obligation, assessment of your claim where we’ll give you our honest opinion on the chances of successfully claiming compensation.
  • The drafting of a no win no fee agreement so you’ll know exactly what you’ll pay for our service – but only if we’re successful.
  • Preparation of evidence to support your claim such as witness statements, medical records, expert medical advice and gathering other evidence such as receipts.
  • The filing of the claim against the 3rd party blamed for the injuries sustained by your loved one.
  • Dealing with any counter offers provided by the 3rd party, we’ll advise you on whether we believe the offer is suitable, needs to be countered or rejected.
  • In a very small number of cases we’ll file for a court date if an agreement can’t be reached and act as your representative if a court case happens.
  • Finally, if we win the case, we’ll send the compensation on you directly after retaining our fee.

Why You Should Claim Compensation For Somebody Else With Our Team

Legal Expert only deal with personal injury claims and have done so for many years. We understand the legislation that is in place to help protect you and that make compensation claims possible.

We understand what is, and just as importantly what isn’t, required to make a successful claim so we won’t waste your time by asking questions which aren’t important and won’t support the case in any way.

Our team are friendly and will always offer free legal advice to any questions you may still have like “What happens to children’s compensation?”, “Can I claim compensation after 3 years?” and “How much compensation am I entitled to?”

Contact Us

We hope that this guide has answered all your questions around claiming compensation for somebody else and, now that you know about our expertise and no win no fee service, you’re ready to use Legal Expert to make your claim. If that’s the case, then please contact us in one of following ways:

  • Telephone: Call 0800 073 8804 straight away and one of our specialists will be able to help
  • Live Chat: You can speak online with one of our advisors 7 days a week, straight from the website
  • Email: Send an email to info@legalexpert.co.uk with brief details of the accident and a time you’d like us to call you back.
  • Online Claim: Fill in this online form to begin the claim

Whichever message you choose, one of our specialists will begin to understand your claim with a free initial consultation. We’ll listen to your explanation of the accident and how it occurred, and we’ll get a personal injury solicitor to let you know if there is a good chance of successfully claiming compensation.

Additional Resources

This guide was designed to answer questions like “Can I claim compensation for somebody else?” but you may still have more questions that need answering.

The following resources may be useful to you when considering your next steps:

Litigation Friends – An informative guide, from the UK government, on the process of applying to be a litigation friend when claiming compensation on behalf of somebody else.

Child Car Accidents – a guide to claiming compensation on behalf of a child injured in a car accident, including possible settlement amounts.

Claim Amounts – the closest you’ll get to a compensation calculator without actually speaking to an injury lawyer.

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