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Advice On Acting As Someone's Litigation Friend
Learn everything you need to know about claiming on someone else’s behalf with this handy guide.
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Advice On Acting As Someone's Litigation Friend
Learn everything you need to know about claiming on someone else’s behalf with this handy guide.
What Is A Litigation Friend?
The Limitation Act 1980 imposes a general time limit of 3 years on personal injury and medical negligence cases. However, there may be times when an injured person is unable to claim for themselves and needs someone else to step in and manage the claim for them. This person is called a litigation friend.
Our guide examines the ins and outs of who can be a litigation friend, their duties and responsibilities and when their services are required. We also go through the process of applying to act on someone else’s behalf.
You can speak to our advisory team about how the claims process works when acting on behalf of another. We will also assess the validity of any potential claim free of charge.
Get in touch with us today using the details given here:
- Call us on 0151 375 9916.
- You can also contact us online by filling in a callback form.
Who Is Able To Act As A Litigation Friend?
You are able to act as a litigation friend if you are over 18 years of age, of sound mind and can make decisions about the claim in a fair and competent manner. It is also required that the interests of the litigation friend do not conflict with those of the injured person.
The government give the following examples of individuals who can be a litigation friend:
- A parent or legal guardian of the injured person.
- Another member of the family or a friend.
- A solicitor or other legal professional, such as an Independent Mental Capacity Advocate.
- Someone who holds a lasting power of attorney.
- A Court of Protection deputy.
We’ll talk about how to apply to be a litigation friend later in the guide. To find out more about claiming on behalf of another, talk to our advisors today.
Who Might Need A Litigation Friend?
A person might need a litigation friend if they do not have the capacity to conduct proceedings. This could occur due to their age, the personal injury or medical negligence incident you are trying to claim for, or a pre-existing condition.
When making a claim, you need to be able to make decisions about the process and communicate effectively with any legal representative, and through no fault of their own, not everyone is able to do this.
There are certain circumstances where the injured is unable to do this, such as:
- Where the injured person is a child: children cannot claim for themselves, so the limitation period is counted from their 18th birthday. A litigation friend can be appointed to get a claim underway sooner than this.
- The injured person lacks sufficient mental capacity: someone who does not have the capacity to claim for themselves is not subject to any limitation period. If they recover to a sufficient degree, the 3 years are counted from the date of recovery.
By having a litigation friend, a compensation claim can be started without undue delay.
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The Process Of Appointing A Litigation Friend
The process of appointing a litigation friend is relatively straightforward. If you are a deputy for the injured person and the court order also gives you authority to act as a litigation friend, you need to file this alongside the claim form at the start of the claims process.
If you are applying to be the litigation friend, you complete and return a certificate of suitability. A copy of the form needs to be served (delivered in person) to the parent, guardian or carer of the child in question, or to the deputy, carer individual with lasting power of attorney for the adult who lacks capacity.
Now we know that some of these individuals may be the same person. It is likely the person applying to be a litigation friend for a child will be their parent or guardian for example. Our solicitors can help you fill in the relevant forms correctly, and ensure they’re submitted on time to the right places. Find out if the injured person has a valid claim and if you could act on their behalf today by contacting an advisor.
Understanding The Litigation Friend Responsibilities
Understanding the litigation friend responsibilities can seem daunting at first. We fully appreciate this; you are standing in for another person, often a family member, to help them get compensation for the harm they have experienced. You do not need to be concerned however as our solicitors can guide you step by step through the process of managing a claim on someone else’ s behalf.
The duties of a litigation friend are:
- Make decisions about the claim in their best interests.
- Do everything you can to keep them informed of what is happening with their claim.
- Talk to their solicitor, get their advice and instruct them according to the best interests of the person.
- Attend court if there is a hearing.
- Pay any costs ordered by the court.
- If a settlement is paid into a Court Funds Office (CFO) account, you will manage this on their behalf until the money is released.
If you choose to claim with us, we will never leave you high and dry. A solicitor from JF Law will guide you through the claim from start to finish to ensure the matter is handled in the best possible way for the injured person.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
Will The Claim Be Affected By The Use Of A Litigation Friend?
The use of a litigation friend does not have any significant impact on how the claim progresses. The process will still follow the relevant Pre-Action Protocols and the court must still receive certain documents. As we examined above, the only really key differences are the process of being appointed as a litigation friend itself, and how the compensation payout is managed.
If you have questions about becoming a litigation friend or want to know about what it entails, our advisory team can provide further information.
Speak To JF Law About Becoming A Litigation Friend
You can speak to JF Law about becoming a litigation friend at any time. Our dedicated solicitors have years of experience across a huge range of claims including personal injury, medical negligence and personal data breaches.
If circumstances have arisen where you need to make a claim on someone else’s behalf, we can help.
Contact Us
Our dedicated advisors can provide free legal advice, talk to you about being a litigation friend and provide a free consultation regarding the validity of the potential claim. Get in touch with us today using the details given here:
- Call us on 0151 375 9916.
- You can also contact us online by filling in a callback form.
More Information
You can view some of our guides on other topics here:
- Find out more about the eligibility criteria to make pedestrian accident claims with this guide.
- Read our guide to hospital negligence claims here.
- Learn when you could make a data breach at work claim and see how compensation values are calculated.
- Also, you can learn more claiming terminology with our legal glossary.
These additional resources have also been included for further information:
- The government has published this guidance on claiming compensation after an accident or injury, which you may find helpful.
- Learn about administering first aid from the NHS.
- Read the advice for road users from THINK!.
Thank you for taking the time to read our guide to claiming with a litigation friend. If you require further guidance, would like to know about the suitability requirements or want a free eligibility assessment, get in touch with our advisors today.
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