8. My son was injured in an accident. He wants to make a personal injury claim but he is under 18 years of age. Can he commence the legal action by himself, or should I take up the proceedings on his behalf?

8. My son was injured in an accident.  He wants to make a personal injury claim but he is under 18 years of age.  Can he commence the legal action by himself, or should I take up the proceedings on his behalf?

A person who is under the age of 18 and wishes to make a claim must do so through his next friend.  When an individual is unable to look after his own interests or manage his own lawsuit, the court would appoint a person to represent that individual's legal interests.  In court terminology this person is called a next friend.  A next friend is not a party to a lawsuit but an officer of the court.  When the lawsuit is concluded, the next friend's duty ends.  A next friend is required to act in the best interest of the minor Plaintiff at all times in the course of the legal proceedings.