If the injured person lacks the mental capacity to manage their own affairs, a claim can still be made on their behalf.
In these situations, the court can appoint a litigation friend, often a family member or close friend, to act in the injured person’s best interests throughout the claim. The litigation friend makes decisions on the claim, gives instructions to solicitors and ensures the injured person is properly supported.
Where capacity is unlikely to return, additional protections can be put in place, including court approval of any settlement. This ensures compensation is managed appropriately to meet the injured person’s long‑term care, treatment and support needs.