A compensation claim can only be made by, or on behalf of, a person who has suffered a personal injury or illness that was the fault of another party – for example, an employer, road user or holiday tour operator.
In most personal injury compensation claims, the person making the claim is the person who suffered the injury. That person has what is known as 'title to sue'. He or she is also the person who will benefit from any compensation that is awarded.
Executors and litigation friends
However, there are some situations where the person who suffered the injury cannot make the claim, either because, tragically, they have died, they are too young, or they are mentally incapable. In these cases, someone else can step in to act on their behalf - usually an Executor (in the case of a fatal injury), a parent or trusted relative, in the case of a child or adult with limited mental capacity; in the latter two cases the person acting on behalf of the claimant is known as the "litigation friend".
There are some cases where it will not be appropriate to have a parent act on behalf of the child – for example, if the child sustained injury in a car accident caused by the parent.
Whatever the case, any compensation awarded in these claims will still belong to the person who suffered the injury (or their estate). It will not belong to the person who made the claim on their behalf.
Thompsons solicitors in Scotland
Thompsons is Scotland's leading personal injury firm and has many years of experience in helping families claim compensations for serious and life-changing injuries.
We look to ensure that every detail is considered, including education, accommodation, care, family arrangements, any pressing short-term financial needs and the long-term financial future including loss of future earnings.
If you or someone close to you has been injured call our personal injury lawyers for an immediate, no obligation, free legal consultation on 0800 0891 331.