Who is Eligible to File a Personal Injury Claim?
Who is eligible to file a personal injury claim? This might seem like a straightforward question, but the answer may vary depending on the circumstances. In most cases, the person who has been damaged in a personal injury case is the person who must file the claim. However, in some types of personal injury cases, other people may be eligible to file claims.
Personal Injury Claims
In most personal injury claims, the person who has been damaged is the person who is eligible to file the claim. For example, if a wife suffered a broken arm in a car accident while she was driving to the grocery store by herself, her husband who was not in the accident would not be eligible to file a claim. Only the person who has damages can file the claim. However, in some limited circumstances, this isn’t true; other people may be eligible to file a personal injury claim in certain scenarios.
Wrongful Death Claims
In a wrongful death claim, the deceased family member obviously isn’t able to make a claim for himself or herself. In a wrongful death case, immediate family members may be eligible to file a claim; parents, siblings, spouses and children. More distant relations, like aunts, uncles, second cousins or even boyfriends or girlfriends are not eligible to file a wrongful death claim.
Personal Injury on Behalf of a Minor
In most situations, minors are not legally permitted to initiate legal proceedings. If a minor is injured in a personal injury case, parents or guardians may file a lawsuit on behalf of the minor. Language generally specifies that it’s the parents or guardians on behalf of the injured party; the child; and the child may still be the central member of a case, but parents make the decisions and assume legal responsibility.
Personal Injury and Legal Guardianship
In cases where the person injured is not considered legally competent, he or she may have a legal guardian. In these types of cases, a legal guardian may bring a personal injury case on behalf of his charge. This might be the case in nursing home abuse cases, where the victim suffers from mental problems such as dementia or Alzheimer’s and is unable to pursue legal proceedings himself.
DiMarco | Araujo | Montevideo has been assisting the Orange County and Southern California communities for over 30 years. If you have been injured because of negligence contact a Orange County personal injury lawyer at their office today.
Di Marco Araujo & Montevideo
1324 North Broadway, Santa Ana, CA 92706
(714) 835-6990