Can I Sue On Behalf of a Family Member?
When one of your family members can’t represent themselves in a lawsuit, a family member might be able to file a suit on their behalf. There are, as always, certain situations that'll limit whether this is possible or not. Your best bet would be to get in touch with a personal injury attorney for help today.
Johnson, Vorhees & Martucci can give you the proper guidance regarding filing a lawsuit on behalf of a family member. When in doubt, call us! We are here to answer all of your questions. It’s free to ask us any questions about a potential case.
If you plan on filing a suit on someone else's behalf, one or more of the following situations must apply:
• The plaintiff is mentally or physically impaired
Sometimes, older individuals or those with certain mental impairments may not be able to make sound decisions that are best for their situations. They may not understand the legal process or why a lawsuit should be filed in the first place. If a family member is not able to file a suit themselves, another family member can sue on their behalf.
• Wrongful death
When a family member dies because of an accident, such as cases involving deadly car accidents, another person would have to come in and file a lawsuit. The person would need to be an immediate family member in this case, like a parent, spouse, or child.
• Class action suits
These are filed in support of a large number of people. Either a personal injury attorney or advocacy group would initiate the lawsuit in these cases.
• The plaintiff is a minor
If the injury victim is someone under the age of 18 years old, a parent or guardian can file the suit in these circumstances.
A personal injury lawyer will support your efforts to file suit on behalf of your family member. Even when their loved one is deceased, survivors of the family member do have options. A deceased parent’s children will likely be entitled to obtain a settlement because of emotional pain and suffering. A knowledgeable personal injury attorney can explore all your options and provide you with the best odds at obtaining a fair settlement.
Any wrongful death claim should be made in a prompt manner. The point where a lawsuit is cut off can be between one year and three years after the individual's death. There are certain exceptions to such rules. The laws can apply differently, for example, when the plaintiff was still a minor by the time they died. Additional exemptions include if the victim is/was mentally inept or if the death was a deliberate act.
We know that there may be many questions that you are unsure about. If you need help answering these questions, don’t hesitate to contact the personal injury attorneys at Johnson, Vorhees & Martucci. With over 140 years of combined legal experience, we are here to give each of our clients the robust representation they deserve. Give us a call today at (833) 600-0125 for a no-fee consultation and to discuss your case.