Sometimes it is not possible for the person who has been injured in a workplace accident, or suffered ill health because of working conditions, to make a claim for compensation himself.
This is often because the accident tragically resulted in a fatality, or the victim was so severely injured that he is incapable of making the claim on his own behalf – perhaps because he or she has suffered a life-changing brain or spinal injury.
Child claimants and "litigation friends"
On other occasions it is because the victim is too young – children are not allowed to make compensation claims on their own until they are at least 16 – or because they are mentally incapable, perhaps because of dementia.
In each of these situations, someone else can step in to make the claim. This person is usually an executor (in the case of a fatal injury), a parent or trusted relative – such a person may be referred to by the court as a "litigation friend".
A litigation friend must be able to demonstrate that he can fairly and competently conduct proceedings on behalf of the claimant without any conflict of interest. As such, in a car accident claim, a parent who was driving a car at the time of a car accident cannot act on behalf of a child injured in the accident.
Any compensation awarded will still belong to the person who suffered the injury (or their estate). It will not belong to the person who makes the claim on their behalf.
Claims with Scotland's leading firm
If you are thinking about making a claim for compensation on behalf of someone else, it will pay to talk things through with an expert. As the leading personal injury law firm in Scotland, Thompsons Solicitors is well placed to help.
So give us a call on 0800 0891 331. Our specialist accident lawyers can investigate and advise you on the best way to proceed.