Can I Sue on Behalf of My Family Member?Mississippi Legal News
In the event that a family member is incapable of providing their own legal representation for a lawsuit, a family member might be able to file the lawsuit on their behalf. There are particular circumstances that will govern whether or not this will be allowed. The best thing to do if this situation applies to you is to contact an attorney today for help. They will be able to answer your questions.
The personal injury attorneys at Germany Law Firm, PLLC will be able to provide you with legal direction concerning the filing of lawsuits on behalf of one of your family members.
Conditions for Filing a Lawsuit
For you to be able to file a lawsuit on behalf of a member of your family, one of the following sets of circumstances would need to apply:
Wrongful death: Clearly, if the family member was killed as a result of the accident, someone else would need to step in and file the lawsuit. In this instance, the person would have to be an immediate family member, like a parent, child, or spouse.
The plaintiff is incapacitated: This usually occurs if the victim has given someone power of attorney. In the majority of cases, this is what happens when the victim is advanced in age and/or is no longer capable of making rational choices.
The plaintiff is a minor: In this instance, only the parent or legal guardian is able to file a lawsuit.
Class action lawsuits: This type of lawsuit is filed on behalf of a huge number of victims. In the majority of cases, either an advocacy group or a personal injury attorney will file the lawsuit.
How Can an Attorney Help?
A qualified personal injury attorney will be able to help you file a lawsuit on behalf of a member of your family. Even if the family member has died or been declared incapacitated as a result of the injury, legal action can still be taken.
What Is the Statute of Limitations?
All wrongful death claims should be filed as soon as possible. The cut off to file a lawsuit can be as little as one year and sometimes as much as three years following the victim’s death. There are, however, a few exceptions to these rules.
For example, the laws may apply differently if the plaintiff was a minor at the time of their death. Other exemptions include the patient being mentally incapacitated, or if their death was caused deliberately.
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.
After almost four decades of legal practice, the Mississippi-based law offices of Germany Law Firm, PLLC know exactly what it takes to win your case. Our skilled personal injury attorneys pride themselves on their hard-earned distinguished reputations and the extensive legal knowledge that they have built up throughout their careers.
If you have recently been injured due to the negligence of another driver, then we strongly urge you to reach out to a qualified personal injury attorney by giving us a call at (601) 487-0555 and scheduling an appointment for a free case evaluation so that we can advise you on the best course of legal action for your situation.