Can I Claim Compensation For Somebody Else?
By Cat Way. Last Updated 30th May 2023. If you’re wondering ‘can I claim compensation for somebody else?’ then this guide can help.
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.
If you’re wondering ‘can I claim compensation for somebody else?’ then this guide can help.
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.
Select A Section
- Starting A Claim For Someone Else
- What Is A Litigation Friend?
- Who Can I Be A Litigation Friend To?
- Who Can Be A Litigation Friend?
- Can I Claim Compensation For Somebody Else After Their Death?
- I Am Claiming Compensation For Somebody Else, What Can This Claim Include?
- How Much Can Compensation Claims Be Worth?
- No Win No Fee Compensation Claims For Somebody Else
- Additional Resources
Starting A Claim For Someone Else
When you are considering ‘can I claim compensation for somebody else?’, it can help to speak with a personal injury lawyer regarding:
- 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.
How Long Would I Have To Claim?
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?
If you’ve considering ‘can I claim compensation for somebody else?’, you would need to assume the role of a litigation friend in order to do so.
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?
If you’re wondering ‘can I claim compensation for somebody else?’ by acting as a litigation friend, you’ll need to know what you can and can’t do.
There are two cases where courts will allow litigation friends to represent others:
- A child (before their 18th birthday)
- 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?
If you’re wondering ‘can I claim compensation for somebody else?’, you’ll need to know whether you could act as a litigation friend or not.
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.
Can I Claim Compensation For Somebody Else After Their Death?
Similarly, you may be wondering ‘can I claim compensation for somebody else?’ if your loved one has passed away in a fatal accident that wasn’t their fault.
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 wondering ‘can I claim compensation for somebody else?’, there are a number of elements to make up the claim that you should know about. 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.
How Much Can Compensation Claims Be Worth?
The settlement for successful compensation claims may consist of general and special damages.
General damages compensate for the physical pain and mental suffering caused by the injury. Legal professionals use the Judicial College Guidelines (JCG) to help them value claims. This document provides a list of guideline compensation brackets for various types of injuries.
In our table below, we’ve listed some of the compensation brackets from the 16th edition of the JCG. Please only use it as guidance.
| Injury | Details | Compensation Bracket |
|---|---|---|
| Moderate Brain Injury (i) | In this bracket, the injured party suffers with a moderate to severe intellectual deficit with a personality change and impact on their senses. There is a significant epilepsy risk and no employment prospects. | £150,110 to £219,070 |
| Severe Knee Injury (ii) | In this bracket, the injured party suffering a leg fracture that extends into their knee joint which results in constant and permanent pain with movement limitations and impaired agility. | £52,120 to £69,730 |
| Severe Pelvis and Hips Injuries (iii) | This bracket includes many injuries such as degenerative changes and leg instability caused by a fracture to the acetabulum. | £39,170 to £52,500 |
| Severe Ankle Injury | Found in this bracket are injures that require an extensive period of treatment and/or a lengthy amount of time in plaster or pins and plates have been inserted. There is significant residual disability such as ankle instability. | £31,310 to £50,060 |
| Less Severe Arm Injury (c) | In this bracket, the claimant suffered significant disabilities but they have recovered or are expected to, to a substantial degree. | £19,200 to £39,170 |
| Moderate Back Injury (i) | A wide variety of injuries are found in this bracket but any residual disability is of less severity than in more severe cases. | £27,760 to £38,780 |
| Moderate Neck Injury (i) | The injured party experienced severe immediate symptoms from fractures or dislocation that might have required a spinal fusion. Also in this bracket are chronic conditions or serious soft tissue injuries to both the neck and back. | £24,990 to £38,490 |
| Less Severe Elbow Injury (b) | The injured party experiences an injury that causes functioning impairments but causes no significant disability and won’t require major surgery. | £15,650 to £32,010 |
| Serious Shoulder Injury | In this bracket, the injured party experiences a shoulder dislocation along with damage to the lower brachial plexus. This results in pain in their shoulder and neck in addition to aching and sensory symptoms in their arm and hand. | £12,770 to £19,200 |
| Tooth Damage (i) | The injured party has suffered either the loss or serious damage to several front teeth. | £8,730 to £11,410 |
Special Damages
In addition, some injured parties are awarded special damages as part of their settlement. This compensates for the financial losses incurred because of the injury. You can submit proof of the costs, such as receipts.
Examples of losses that could be recovered under special damages include:
- Medical expenses, including prescription costs and therapy.
- Loss of earnings, including past and future losses.
- Travel costs.
Call our advisors to learn more about how to claim compensation. They can give you free advice about what might be included in your settlement.
No Win No Fee Compensation Claims For Somebody Else
Now that you have more information on whether or not you can claim compensation for somebody else, you may be interested in getting started. Our solicitors can help you make a personal injury compensation claim as a litigation friend, meaning they will help you claim on behalf of your loved one.
Our solicitors offer their services on a No Win No Fee basis under a Conditional Fee Agreement (CFA). When making a claim with a solicitor under a CFA, you don’t need to pay any upfront or ongoing fees to them in order for them to work on your claim. Furthermore, if your claim fails, then you won’t pay a fee for your solicitor’s services.
If your claim succeeds, your solicitor will deduct a legally capped success fee from your compensation settlement.
To learn more about how our solicitors could help you make a claim on behalf of somebody else, contact our team of advisors today.
Contact Us
- 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.
- Read our guide to find out how Spinal Cord Injury Solicitors could help you claim compensation.
- Our guide on Injury In Ibiza Claims could help if you sustained an injury while on holiday.
- You may be wondering, What Is The Pavement Slab Trip Height For A Claim? Our guide offers more information on this topic and the compensation claims process.
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- How To Get More Money From A Personal Injury Claim
- Boat Accident Claims
- Different Types Of Personal Injury Claims
- How Do I Know If I Have A Valid Claim For Whiplash?
- Accident Claims In Scotland Guide
Thanks for reading our guide on ‘can I claim compensation for somebody else?’.
