Litigation Friends: Claiming On Behalf of Someone Else
At Gildeas Solicitors, we’ve proudly represented clients in Scotland since 1989. In that time, we’ve seen a broad spectrum of circumstances which come up in the personal injury claims process. Today, we’re focussing on what happens when a person is appointed to claim for someone else, also known as a ‘Litigation Friend’. Read on as we break down what a Litigation Friend is, why someone may need one, and how it affects the claim process.
When would somebody need a Litigation Friend?
If you want to use a solicitor, you must be able to ‘give instructions’. Giving instructions means informing what the solicitor should do and what decisions you’d like them to make in your personal injury case.
What is a Litigation Friend in a personal injury claim?
A Litigation Friend is a person who makes decisions on behalf of someone unable to manage their personal injury claim for themselves. They can make decisions on behalf of someone who is:
- In Scotland, a child under 16 years of age. In England and Wales, the threshold is children under 18 years of age.
- Someone over the age of 18 who has been found to lack the capacity to manage their claim. This might be due to illness, a disability, or for another reason.
- A person who has passed away during the claims process.
‘Manage’ is a broad term that includes: an understanding of the steps and risks involved in a personal injury claim, being able to make decisions during your claim, and giving instructions to your solicitor.
Who can be a Litigation Friend?
Anyone can be a Litigation Friend, so long as they can fulfil the role competently. The person must consent to be the Litigation Friend and be able to make decisions about the personal injury claim in a fair and considered way. An example of who might act on behalf of the person could be:
- Their parent or guardian.
- Their extended family member or friend.
- Their solicitor or professional advocate.
- Someone who has a lasting Power of Attorney.
When does the Litigation Friend stop acting on the injured person’s behalf?
The Litigation Friend will stop acting for them when the personal injury claim comes to an end. There are a few occasions when the injured person may choose to manage the claim before the case is settled. For example:
- When a child turns 16 and decides they want to manage the claim themselves.
- If a person regains capacity, for example when they have recovered from an injury or woken up from a coma.
What does a Litigation Friend need to do?
Key to the role is clear communication with the injured person. The Litigation Friend must always remember that they’re not a ‘client’ themselves, but they are acting on their behalf.
A Litigation Friend might be asked to:
- Sign or provide documents such as medical records
- Meet with solicitors and take advice when needed
- Make decisions about the case, such as agreeing on the amount of compensation offered
Points to note about Litigation Friends:
- A Litigation Friend is not the same as the client’s solicitor. It is simply the Litigation Friend who gives instructions to us.
- A Litigation Friend is not the same as a Power of Attorney or a Guardianship Order.
A Litigation Friend is appointed to represent someone who lacks the capacity to do so in legal proceedings, like a child or an adult with a disability.A Power of Attorney is a specific legal document which appoints another person to make decisions on a person’s behalf regarding finances, property, healthcare, etc., typically when the person becomes unable to do so themselves.
Basically, a Litigation Friend only acts within the context of a legal case such as personal injury, whilst a Power of Attorney can encompass a wider range of things across many aspects of life. - When a claim is successful, the settlement is still paid to the client. There may be extenuating circumstances when a settlement is paid to the Litigation Friend, for example if the person has a Power of Attorney and holds financial responsibilities, or if the client is a child and doesn’t have a bank account. We take every step possible to ensure the injured person is the one who receives settlement funds.
In conclusion
The Litigation Friend is a crucial role in protecting the rights of those who are injured. By assisting those who may not have capacity, they support them to navigate a claim and make sure their voice is heard.
If you have a case which concerns any of the issues in this article, please contact our dedicated team and they will happily discuss if we can help. As trusted solicitors for over 50 years, we’ve supported thousands of clients to get the justice they deserve.
Got a question not covered here? Check out our frequently asked questions for more info.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated New Claims team today on 0141 331 6070.
Dog Bite Injuries: Know Your Rights
As the winter chill eases off across Scotland, many of us are spending more time outside with our pets or perhaps encountering dogs out on walks or in public spaces. Whilst dogs are often considered our most loyal companions, it’s important to remember that they can sometimes bite, causing serious injuries. Dog bite incidents are more common than you might think, and they can happen at any time - whether you’re visiting a friend’s home or strolling through the park.
In this blog post, we’ll explore the causes of dog bite injuries, how to prevent them, and what steps you can take if you’ve been bitten. Understanding your legal rights after such an injury is crucial, especially as we navigate the coming months when we might encounter dogs more frequently.
How Dog Bite Injuries Can Happen
Weather in Scotland can bring unpredictable conditions. Recently we’ve had what feels like never-ending ice, rain, and wind, with milder weather in between. As the lighter days come in, we might see an increase in dog owners outside, which could cause dogs to become anxious, leading to a risk of aggression. Dogs may feel stressed or fearful in unfamiliar environments, causing them to lash out.
Common situations where dog bites occur include:
- On walks: Whether on a lead or off, dogs may feel territorial or threatened by other animals or people, leading to sudden aggression.
- At the home of a friend or family member: Even the most well-behaved dogs can react unexpectedly to new faces, especially during the holidays when there may be more visitors.
- In public places: Parks, shops, or other public areas are common places where dogs interact with strangers, which can lead to an accidental or defensive bite.
Regardless of the cause, dog bites can result in significant physical and emotional trauma. Depending on the severity of the injury, medical treatment might be necessary, and in some cases, hospitalisation may be required.
What to Do If You Are Bitten by a Dog
If you’ve been bitten by a dog, it’s important to act quickly to ensure your health and safety. Here’s what you should do:
- Clean the wound immediately: Wash the area with soap and water as soon as possible to reduce the risk of infection.
- Seek medical attention: Even if the bite seems minor, it’s vital to consult a healthcare professional, especially if the wound is deep or bleeding heavily. Dog bites can carry infections like rabies or tetanus, so timely medical attention is crucial.
- Get the dog’s details: If the dog is a pet, try to obtain the owner's details, including their name, address, and contact information. This information is essential for any potential claims or legal action.
- Report the incident: If you’re bitten in a public space, or if the dog is not under control, report the incident to your local authorities or the police.
Can You Claim Compensation for Dog Bite Injuries?
If you’ve been injured by a dog bite, you may be entitled to compensation. Under Scottish law, dog owners are responsible for the actions of their pets, and they must take reasonable steps to prevent their dogs from causing harm to others. If the dog was not controlled, or if it attacked without provocation, you may be able to file a personal injury claim against the dog owner.
At Gildeas Solicitors, we can help you assess the circumstances of your dog bite injury and guide you through the claims process. Compensation could cover the cost of:
- Medical treatment
- Rehabilitation or physiotherapy
- Lost income due to time off work
- Pain and suffering
Our legal experts can advise you on whether the dog owner’s insurance policy may cover your medical bills or any other costs associated with the injury.
Why Dog Bite Claims Are Common in Winter
The winter season in Scotland often leads to more indoor gatherings. More cafes and pubs are also becoming dog friendly in city centres. As the temperature drops and daylight hours shorten, people are more likely to encounter unfamiliar dogs, which may become anxious or protective. In addition, colder months often result in wetter, slippier conditions, which can increase the likelihood of accidents. Whether you’re walking your dog or simply enjoying a brisk winter walk, it’s important to stay aware of your surroundings to avoid a potentially dangerous situation.
Prevention: How to Stay Safe Around Dogs This Winter
Taking simple precautions can help prevent dog bites:
- Respect a dog’s space: Always ask the owner for permission before approaching a dog. Avoid petting a dog that is eating, sleeping, or showing signs of aggression.
- Keep your distance: If you encounter a dog while out walking, maintain a safe distance and avoid sudden movements that could startle the dog.
- Socialise your pets: If you own a dog, ensure they are well-socialised and trained to behave around others.
- Wear appropriate clothing: When walking in icy conditions, make sure to wear sturdy footwear to prevent slipping and falling, which could provoke a dog to potentially lash out in fear or surprise.
Dog bites can cause serious physical and emotional harm, and it’s essential to know your rights if you’ve been injured. If you or someone you know has suffered a dog bite injury, it’s important to take the right steps to protect your health and ensure you receive the compensation you deserve. At Gildeas Solicitors, we understand the impact that a dog bite injury can have on your life, and our experienced team can offer you expert advice and support through the legal process.
Stay safe this winter and remember: If you’ve been injured by a dog bite, Gildeas Solicitors is here to help.
Contact us today for a free consultation.