Claiming Where the Injured Party Lacks Capacity

17 August 2023

We are regularly asked " Can I make a claim on behalf of a relative or family member who lacks capacity?".  Sometimes, an accident can result in an individual suffering life-changing injuries which impact on their capacity to instruct a solicitor to make a compensation claim themselves.  

In such tragic circumstances, the injured person, known as the “protected party” will need a Litigation Friend to issue any legal proceedings on their behalf.  

This Litigation Friend can be a parent, sibling or spouse and their role will be to provide instructions to the solicitor and ensure that they are acting in the best interests of the injured person.  

For those who lack the requisite mental capacity to make a serious injury claim themselves, there is no time limit for issuing proceedings and as such, a claim can be made on their behalf at any time.  

We can provide you with a free consultation with one of our specialist lawyers to discuss any serious injury that may have impacted a family member or close friend.  For further information, call us on 028 9024 3901 or email info@fhanna.co.uk