Who can make a Personal Injury Claim

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Who can make a Personal Injury Claim

Who can claim?

If you have suffered an injury or accident, you are the claimant and you can claim on your own behalf. If the injured person is below the age of 18, the courts will appoint what is known as a ‘litigation friend’ to claim on that person’s behalf. This will usually be a family member or guardian.

Similarly, the Court can also appoint a close friend or family member as a Litigation Friend in cases where the injured person is deemed unable to manage their own legal affairs.

In cases where the injured person has died, that person’s financial dependents or personal representatives can claim for loss of dependency. An example of this type of claim could include a widow and her children claiming for loss of dependency following the death of a husband and father who was for instance, the family’s sole breadwinner.


If you have suffered a personal injury through no fault of your own, you may be able to claim two types of compensation. These are known as general damages and special damages.

General damages are paid as a lump sum to compensate you for the pain, suffering and loss of amenity suffered by you as a result of your accident. The actual amount you may receive is decided by the Court and depends on how much of an impact your accident has had upon your life in terms of the severity of your injuries and the extent of your symptoms or disability. 

Special damages account for any proven past and future expenses you may have incurred as a direct consequence of your accident. These commonly include loss of earnings as well as any medical and rehabilitation treatment, care and medication costs, travel expenditure, vehicle repairs and damage to clothing or personal belongings.

How can Fentons Solicitors help?

If you think you have a case, or require further assistance with your personal injury claim, why not call our freephone helpline on 0800 019 1297, alternatively complete the brief claims questionnaire.