The UK legal system has a clear and protective answer for this situation. Under the Mental Capacity Act 2005, mental capacity isn’t about general intelligence; it’s the ability to understand, weigh, and communicate a specific choice at the time it needs to be made – a crucial factor in all personal injury claims.
This is where a formal role exists to ensure their case can proceed. If a person lacks the ability to manage their own claim, the court appoints a Litigation Friend – an individual formally tasked with running the legal case on their behalf. Think of this person as the ‘team captain’ for the claim, who provides instructions to the solicitor and makes decisions entirely in the injured person’s best interests.