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Can I File an Injury Claim On Someone Else’s Behalf?

Accidents happen. When injuries are so severe you are unable to communicate, what happens? If a loved one dies because of someone else’s negligence, can you sue those responsible? Is it possible to file an injury for someone else?

file an injury claim on behalf of someone else

Sometimes accidents are so severe we cannot file a lawsuit for ourselves. But, in certain situations the law allows specific people to file an injury or wrongful death claim on behalf of another.

Here is what you need to know about filing a lawsuit on behalf of someone else:

Who Can File A Lawsuit On Behalf Of Someone Else?

In order to be eligible to file a lawsuit on behalf of someone else, you must have a special relationship with the party. This can include:

  • legal guardian
  • power of attorney
  • executor of the estate
  • decedent’s spouse, children or grandchildren
  • decedent’s parents
  • any surviving siblings, nieces, or nephews of the decedent
  • an individual who can demonstrate that they were “actually dependent” on the decedent

Not just anyone can file a lawsuit on someone else’s behalf. Contact a personal injury attorney to discuss if you are eligible to file a lawsuit for someone other than yourself.

file an injury claim for a child

Situations When You Can File

If you meet the criteria above, you may be able to file a legal claim on behalf of an injured or deceased person. Below, we describe some situations that might warrant filing an injury or wrongful death on behalf of someone else.

Traumatic Brain Injury

If the innocent party is mentally incapacitated or has withstood a traumatic brain injury (TBI), a lawsuit may be filed on their behalf. If they do not possess the capacity to represent themselves, another eligible person can step in for them. 

The court will then appoint a power of attorney which will make this person responsible for their financial, medical, and legal decisions going forward. The power of attorney, once finalized, can then file a personal injury lawsuit.

wrongful death lawsuits

Wrongful Death

The untimely death of a loved one is a horrible experience. When one person or party’s negligence causes the death of another, it may be possible to file a wrongful death claim on their behalf.

Injured Person Is A Minor

If the injured person is a minor, their parent or guardian can file a lawsuit on the minor’s behalf. Minors do not have the legal right to file a lawsuit for themselves. In some cases, a minor may wait until they are of legal age but must pay attention to the statute of limitations.

injury lawsuit

File An Injury Claim On Behalf Of A Loved One

If you need to file an injury or wrongful death claim on behalf of a loved one, contact us for a free legal consultation. We will evaluate your claim and help you understand your legal options. You don’t pay us anything unless we recover money for you.