When a personal injury lawsuit needs to be filed on behalf of someone who cannot legally represent themselves—such as a child or an adult with diminished capacity—the law allows another person to step in and pursue the claim. This individual is known as a next friend. Their role is essential in ensuring that vulnerable parties can seek justice and compensation when harmed by another’s negligence.

This article explains how a next friend functions in a personal injury case, who can serve in this role, and what responsibilities and limitations they face throughout the legal process.

What Is a Next Friend in Personal Injury?

A next friend is someone who brings a lawsuit on behalf of a person who cannot do so on their own due to age, mental incapacity, or other legal disability. The concept is well-established in both common law and state statutes across the U.S.

Most commonly, a next friend is used when:

• The plaintiff is a minor (under 18)
• The plaintiff is an adult legally deemed incompetent to manage their own legal affairs
• No legal guardian has been appointed, or an existing guardian is unable or unwilling to act

The next friend is not a legal guardian or conservator in the broader sense but is authorized by the court to manage the litigation for the injured party.

Who Can Serve as a Next Friend For a Personal Injury Case?

Courts prioritize the best interests of the injured individual when approving a next friend. Typically, the person must have a close relationship with the plaintiff and demonstrate the ability to act responsibly in pursuing the claim.

Common candidates include:

• A parent or legal guardian of a minor
• A close adult family member (spouse, sibling, adult child)
• Another adult with a significant, trustworthy relationship with the injured person

Some jurisdictions may allow an attorney or other appointed representative to act as next friend if no appropriate family member is available.

Courts generally screen the proposed next friend to ensure there is no conflict of interest or personal financial motive that could compromise the injured party’s rights.

Why the Role of a Next Friend Matters in Personal Injury Cases

Personal injury lawsuits can result in significant financial awards or settlements to cover medical costs, lost income, pain and suffering, and more. If a child or incapacitated adult were required to navigate this process alone, their right to fair compensation would be severely limited.

The role of a next friend ensures that:

• Lawsuits are filed in a timely manner within the statute of limitations
• The injured party’s rights are fully protected during the litigation
• Settlement agreements or jury verdicts are structured in the plaintiff’s best interest
• Court approval is obtained for any proposed settlement, particularly in cases involving minors

Without a next friend, many valid personal injury claims on behalf of vulnerable parties would simply not be pursued.

Responsibilities of a Next Friend During Personal Injury Lawsuits

Being a next friend comes with substantial legal and ethical responsibilities. The next friend is required to act in good faith and solely in the interest of the injured party—not for personal benefit.

Typical duties include:

• Consulting with the attorney and providing information needed to build the case
• Authorizing legal filings and participating in court proceedings as needed
• Overseeing discovery, including responses to document requests and depositions
• Participating in settlement discussions, with court approval required for minors
• Managing any awarded funds appropriately, often with oversight or a court-ordered trust

It’s important to note that a next friend is not financially responsible for the plaintiff’s legal costs or any damages awarded. However, they must faithfully represent the injured person’s interests throughout the case.

Court Oversight and Protections

Courts take special care to protect minors and incapacitated adults in personal injury litigation. In many jurisdictions, any proposed settlement requires judicial review—even if all parties have reached an agreement. The court will assess whether the terms adequately serve the plaintiff’s long-term needs.

In the case of a minor, settlement proceeds are often placed in a trust or structured settlement, with restrictions on how and when funds can be accessed. This prevents misuse and ensures that the compensation benefits the child once they reach adulthood.

Similarly, if an adult plaintiff is under guardianship, settlement funds may be subject to court-monitored distribution to safeguard their financial interests.

Limitations of a Next Friend’s Role During a Lawsuit

While the next friend plays a central role in pursuing the lawsuit, there are boundaries to their authority:

• They do not gain control of the plaintiff’s property beyond the specific personal injury award
• They cannot make unrelated legal or financial decisions for the plaintiff without further court approval or appointment as a legal guardian
• Their authority ends once the lawsuit is concluded, the funds are properly secured, and the court’s final orders are implemented

If a court later appoints a guardian or conservator for the plaintiff, that individual may assume ongoing responsibility for managing any awarded compensation.

Statistics on Personal Injury Claims Involving Vulnerable Parties

Personal injury cases involving minors and incapacitated adults are far from rare:

• According to data from the U.S. Centers for Disease Control and Prevention (CDC), unintentional injuries are the leading cause of death and injury among children in the U.S.
• Each year, millions of children are treated in emergency departments for injuries caused by falls, motor vehicle accidents, defective products, and other hazards.
• For adults with cognitive impairments, the risk of injury—particularly from falls and abuse—is significantly higher than for the general population.

Without the option of a next friend, many of these vulnerable individuals would lack access to legal remedies.

Conclusion

The role of a next friend in a personal injury case is an important legal safeguard. It empowers those who cannot advocate for themselves—children and incapacitated adults—to pursue justice and secure compensation for life-altering injuries.

By acting under court supervision and with strict fiduciary duties, a next friend helps ensure that vulnerable plaintiffs are protected and that their claims are managed fairly and effectively. For families facing this situation, understanding how to choose and work with a qualified next friend can make all the difference in the outcome of a personal injury case.

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