Can I make a personal injury claim for someone else?
You can make a claim for someone else, but only in certain circumstances. Legally, if someone has what is known as “capacity” to make a decision for themselves, you cannot make a claim on their behalf. Most common cases of people making a claim for someone else however, are parents or guardians making claims on behalf of their children who are under the age of 18. In the eyes of the Law, until you are aged 18, you do not have the ability to make your own legal representation or to instruct a Solicitor and so you must have what is known as a Litigation Friend, usually a parent or guardian, to make the claim for you.
The other occasion where you can make a Personal Injury Claim for someone else is if they lack the mental capacity to do so. In these circumstances the Law classifies the person as a “Patient” and much the same with the child above, a parent or guardian would have to make the claim on their behalf. Most usually, in those circumstances, there would be an individual with a Power of Attorney or Deputyship, who manages the Patient’s day-to-day affairs and they could make the claim on that person’s behalf.