Making a Personal Injury Claim for a Protected Party

Filing a claim for personal injury can be difficult; the procedure gets even more complicated if the person affected is deemed a protected party. At SilverOak Solicitors, our primary priority is ensuring that you and your loved ones receive the best result possible. Knowing the specific challenges in these situations, we guide you through every stage.

Who Is Considered a Protected Party?

A protected party is one lacking the ability to decide or manage legal matters alone. The Mental Capacity Act 2005 defines a person as unable to decide if they cannot:

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

Medical documents or a formal capacity evaluation will verify whether one is a protected party. Tell your lawyer right away if you think an injured individual lacks ability because of an earlier ailment or an accident.

How to Bring a Claim for a Protected Party

A protected party has to select a litigation buddy if they are to seek personal injury. Though it might be an expert witness, this is usually a trustworthy friend or family member. The litigation friend advocates for the protected party, makes judgements and guides the legal team.

Silveroak Solicitors is very careful to make sure the litigation buddy is completely informed of their duties and gets the required assistance all through the whole procedure. By maintaining lines of communication open and providing clear directives, we will ensure that the covered party’s best interests are always attended to all through the process.

What Is the Role of a Litigation Friend?

A litigation friend’s job is to represent in court the party being protected. Among their duties are:

• Signing legal papers and giving directions.
• Making decisions on behalf of the protected party.
• Upholding the rights of the covered party throughout the case.

Most litigation friend cases are run on a no win no fee basis, so the protected party or their agents bear no financial risk.

Time Limits for Making a Claim

Generally speaking, a protected party has no legal time limit for claiming since, if relevant, the limitation period normally commences only once the person recovers capacity. Still, capacity differs, hence it’s preferable to start the claim immediately. Acting quickly enables solicitors to avoid problems, gather proof, and conduct investigations.

Key Considerations in Protected Party Claims

Claims for personal injury against protected individuals are more complicated than typical circumstances. These are some unique traits that call for close observation:

• Capacity Assessments: Often, a professional capacity evaluation is required to verify the person’s protected status. The process of filing a claim now depends on this paper.
• Expert Medical Evidence: Apart from revealing the harm, comprehensive medical evidence is required to demonstrate the long-term consequences on the life of the protected party. Occupational therapists, psychologists, or neurologists may need to provide reports for this.
• Lifetime Care Costs: Compensation claims usually allow for protected parties future needs including living expenses, medical treatment, and rehabilitation. Correct forecasting of these costs ensures that the pay-off covers lifetime assistance.
• Court Approval: Settlement involving protected individuals need for court approval to ensure fairness and suitability for the person. For those who are vulnerable, this additional work provides far more protection.

Approval of Settlements

Courts must approve any settlement reached on behalf of a protected party. This guarantees that the awarded compensation appropriately represents the extent of the acquired injuries and meets their demands. Lawyers provide the court detailed advice to confirm the equity of the settlement.

Offering additional protection for the covered party since no settlement is legally binding unless the court accepts it.

Who Manages the Compensation?

Compensation management relies on the degree of recovery:

• 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

A irresponsible driver was the cause of the car accident that Emma 35-year-old was involved in, which resulted in her suffering a severe brain injury. Due to of the fact that her injuries rendered her incapable of making decisions, she was designated as a protected party in accordance with the Mental Capacity Act of 2005.

Emma’s sister Sarah became her litigation friend and asked SilverOak Solicitors for help in filing a claim. The solicitors compiled evidence including medical documents, police reports, and proof of financial losses; a capability evaluation verified Emma’s condition.

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 harmed in an accident or by negligence, acting fast is absolutely essential. SilverOak Solicitors is quite experienced with claims for protected party personal injury. 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.