If a family member is unable to provide their own representation during a lawsuit, a family member may be able to file a suit on their behalf. Of course, there are certain circumstances that will determine whether or not this can be done. The best thing to do is to contact an attorney today for help.
Richard Schwartz & Associates Injury Lawyer can provide you with guidance regarding the filing of lawsuits on behalf of family members.
Stipulations for Filing a Lawsuit
If you file a lawsuit on behalf of someone else, the following scenarios would have to apply:
Wrongful death – Obviously, if the family member dies as a result of the accident, another person would have to step in and file suit. In this case, the individual would have to be an immediate family member, such as a spouse, parent, or child.
The plaintiff is incapacitated – This generally happens if the person has chosen power of attorney. In most cases, this happens if the person is of advanced age and is no longer able to make sound decisions.
The plaintiff is a minor – Under this circumstance, only the parent or guardian can file the suit.
Class action lawsuits – This is filed on behalf of a large number of people. In most cases, either the personal injury lawyer or advocacy group will initiate the suit.
How Can an Attorney Help?
A personal injury attorney will help you file a lawsuit on behalf of a family member. If the individual has died or been rendered incapacitated as a result of the injury, survivors do have recourse.
Even if their loved one is dead, the next-of-kin are entitled to receive a settlement due to mental anguish and more. An experienced personal injury attorney will explore all options to give you the best chance of a successful outcome.
What Are the Statute of Limitations?
All wrongful death claims should be brought forth in a timely manner. The cut off to file a lawsuit can be as little as one year and sometimes as much as three years following the death of the individual. However, there are some exceptions to these rules.
For instance, the laws may apply differently if the plaintiff was a minor at the time of death. Other exceptions include the patient being mentally unfit, or if the death was an intentional act.
If you are in need of personal injury attorney, call on the experts at Richard Schwartz & Associates Injury Lawyer. We will provide all clients with the vigorous representation they need. Contact us today for a no-fee, no-obligation consultation today to discuss your case.
