Filing a Personal Injury Case for a Loved One

May 26, 2015 @ 9:21 am

gavelWhen a loved one becomes seriously injured, it is important to receive adequate compensation. It is essential to retain money to pay medical bills and ease pain and suffering. If it is unfeasible for a friend or family member to file a lawsuit without help, it is possible to file a suit on his or her behalf.

Establish Guardianship

To file a claim on behalf of an incapacitated loved one, it is necessary to be recognized as the person’s legal guardian through a process known as interdiction. Many times, guardianship, which in the interdiction process is referred to as curatorship, is awarded to an individual family member. To legalize this relationship, a person must file an application with the court. The court will determine if the victim suffers from intellectual impairment. When a person is not mentally fit to take legal action alone, guardianship will be granted. It is wise to seek advice and guidance from a skilled personal injury attorney in order to determine whether interdiction is an appropriate legal option for your loved one in connection with their personal injury case.

Who Receives Compensation in a Personal Injury Case in which the injured person is severely impaired?

Even though a lawsuit is filed by a guardian on behalf of an impaired person, the proceeds of any judgment or settlement are primarily set aside for the victim. This award should be used to pay for necessary medical care and other living expenses. A guardian may be able to disburse the money, but it is always held in trust for the victim. The exception to this situation is when portions of the proceeds of a settlement or judgment are set aside to the victim’s close family members, for damages known as “loss of consortium.”

How Wrongful Death Lawsuits Differ from Other Cases

A typical injury case involves a living victim. Even if this person is not mentally able to defend his or her rights, the injured person receives the award. A guardian fights to make sure the victim receives fair compensation.
A wrongful death lawsuit may be filed when a loved one does not survive the injury caused by someone else’s negligence. For instance, a wife may sue for loss of companionship. A plaintiff must prove negligence on behalf of the guilty party. A wrongful death claim may be filed by a spouse, parent, or any representative of a deceased victim’s estate.

In order to prove someone else’s negligence has caused a victim’s injuries or wrongful death, it is wise to consult with an experienced personal injury law firm. For top representation, contact the attorneys at Morrow, Morrow, Ryan & Bassett or visit