When a person is hurt through the willful intent or the careless neglect of another, that is usually enough reason to file a personal injury lawsuit. However, there are times when the person is unable to file such a lawsuit on his or her own behalf and someone else may have to do it for the person. This article will address those scenarios where it will be proper for someone else to file a personal injury lawsuit on behalf of a person in need. It must be kept in mind that an attorney will still probably be needed to address all of the legal issues related to the lawsuit.
The Need for a Lawyer for a Personal Injury Lawsuit
Whenever a personal injury lawyer is needed, persons involved should realize that the matter is a civil matter and there are statutes of limitations surrounding the case. For example, in some states, such as Kentucky, a plaintiff only has one year from the date of the accident or injury to file the personal injury lawsuit in a civil court. Some law firms, such as Hare Wynn, are available to help plaintiffs understand the personal injury law in Kentucky. The plaintiffs must act on the matter quickly, and if they are unable to do so, someone on their behalf must take action for them.
Situations Where Someone Can File a Personal Injury Lawsuit on Behalf of Another
It is obvious that a person who has died as a result of a personal injury cannot file a personal injury lawsuit for himself or herself. This is a time when a loved one or a representative of the estate can file a personal injury lawsuit on the deceased person’s behalf. Any damages that will be awarded in the case will be given to the surviving spouse or family members of the deceased person. In Kentucky, there are no caps on any damages sustained because of a personal injury. However, the person or representative filing the lawsuit must remember the statute of limitations and how quickly it expires.
More Situations Where Someone Can File a Personal Injury Lawsuit on Behalf of Another
The personal representative of the deceased in a wrongful death lawsuit in Kentucky will need to know that punitive damages are fully awarded if the court finds in favor of the deceased. Another situation where someone else may file a personal injury lawsuit on behalf of another person is if the injured party is mentally incapacitated. The court may appoint someone as the power of attorney in such cases. A third case where someone else can file the personal injury lawsuit on behalf of the injured is if the injured party is a minor.
A Final Look at Filing a Personal Injury Lawsuit on Behalf of Someone Else
It is critical for whoever is going to represent the injured party’s interest in a personal injury matter to get a legal understanding of everything involved. The best thing to do is to consult a personal injury attorney who has successful experience with litigating such cases. It will be even better if a personal injury attorney is chosen who fights particular personal injury cases, such as car accidents, medical malpractice lawsuits, animal bites, or construction injuries.