Making a Personal Injury Claim for a Protected Party

Making a personal injury claim can be a complex process, and it becomes even more intricate when the injured individual is classed as a protected party. At SilverOak Solicitors, we understand the unique complexities involved in these cases and are here to guide you every step of the way, ensuring the best possible outcome for you and your loved one.

Who Is Considered a Protected Party?

A protected party is someone who lacks the capacity to make decisions or handle legal proceedings independently. According to the Mental Capacity Act 2005, a person is unable to make a decision if they cannot:

• Understand the information relevant to the decision.
• Retain that information.
• Use or weigh the information as part of the decision-making process.
• Communicate their decision effectively.

Medical records or a formal capacity assessment will confirm whether someone is a protected party. If you suspect an injured person lacks capacity due to a prior condition or an incident, inform your solicitor immediately.

How to Bring a Claim for a Protected Party

For a protected party to pursue a personal injury claim, a litigation friend must be appointed. This is typically a trusted family member, friend, or in some cases, a professional advocate. The litigation friend acts on behalf of the protected party, making decisions and providing instructions to the legal team.

At SilverOak Solicitors, we ensure the litigation friend fully understands their responsibilities and has the support they need throughout the process. Our team is here to facilitate clear communication and provide step-by-step guidance, ensuring the protected party’s best interests are at the forefront.

What Is the Role of a Litigation Friend?

A litigation friend acts in the best interests of the protected party. Their responsibilities include:

• Signing legal documents and providing instructions.
• Making decisions on behalf of the protected party.
• Ensuring the protected party’s rights are upheld throughout the case.

Most cases involving litigation friends are handled on a no win no fee basis, meaning there is no financial risk for the protected party or their representatives.

Time Limits for Making a Claim

There is generally no statutory time limit for a protected party to make a claim, as the limitation period typically doesn’t begin until the individual regains capacity, if applicable. However, capacity can fluctuate, so it’s always advisable to start the claim as soon as possible. Acting quickly allows solicitors to gather evidence, conduct investigations, and avoid potential complications.

Key Considerations in Protected Party Claims

Personal injury claims for protected parties are more intricate than standard cases. Here are some unique aspects that require careful attention:

• Capacity Assessments: A professional capacity assessment is often required to confirm that the individual is a protected party. This document becomes a crucial part of the claim process.
• Specialist Medical Evidence: In addition to proving the injury, detailed medical evidence is required to demonstrate the long-term impact on the protected party’s life. This may include reports from neurologists, psychologists, or occupational therapists.
• Lifetime Care Costs: Compensation claims for protected parties often account for future needs, including medical care, rehabilitation, and living expenses. These costs must be calculated meticulously to ensure the settlement covers lifelong support.
• Court Approval: Settlements involving protected parties require court approval to ensure they are fair and in the best interest of the individual. This additional step provides an added layer of protection for vulnerable individuals.

Approval of Settlements

Any settlement reached on behalf of a protected party requires court approval. This ensures that the compensation awarded adequately addresses their needs and reflects the severity of the injuries sustained. Solicitors provide detailed advice to the court to confirm the fairness of the settlement.

Importantly, no settlement is binding until it has been approved by the court, providing additional safeguards for the protected party.

Who Manages the Compensation?

The management of compensation depends on the amount recovered:

• Under £100,000: The funds may be held by the Court Funds Office, with the litigation friend able to request payments for the benefit of the protected party.
• Over £100,000: The court will usually appoint a deputy via the Court of Protection to manage the funds in the protected party’s best interests.

Case Study: Personal Injury Claim for a Protected Party

Emma, a 35-year-old woman, suffered a traumatic brain injury in a car accident caused by a negligent driver. Her injury left her unable to make decisions, classifying her as a protected party under the Mental Capacity Act 2005.

Emma’s sister, Sarah, became her litigation friend and sought the assistance of SilverOak Solicitors to file a claim. A capacity assessment confirmed Emma’s condition, and the solicitors gathered evidence, including medical records, police reports, and proof of financial losses.

After negotiations, a settlement was reached, covering Emma’s care needs, medical expenses, and loss of earnings. The settlement was court-approved, and the Court of Protection appointed a deputy to manage the funds. The compensation ensured Emma’s long-term care and financial security, providing peace of mind for her family.

Why Choose SilverOak Solicitors?

If someone you know is a protected party and has suffered an injury due to an accident or negligence, it’s crucial to act swiftly. At SilverOak Solicitors, we have extensive experience handling personal injury claims for protected parties. Our team will provide compassionate, professional advice and ensure the claim is handled with care.

Contact us today on 020 8578 7778 for an informal chat or fill out our simple enquiry form. We’re here to help you secure the compensation and support your loved one deserves.