Can a Family Member File a Personal Injury LawsuitCan a family member file a personal injury lawsuit? You may be asking this question if you are a family member of a person who died from injuries they sustained as the innocent victim of an accident that was caused by another partys negligent behavior. In fact, it may have been a willful or deliberate act on the part of the responsible party that caused your family members injuries.
Your family member decided to file a personal injury lawsuit against the party responsible for their injuries. Sadly, your family member died before they could bring the lawsuit.
Personal injury is a legal term that refers to an injury to a persons body, mind or emotions, as opposed to an injury to property. A personal injury lawsuit is a legal action that a person brings in court because they have been injured physically or emotionally by the negligence of another party.
There are probably two questions that you as a family member has. First, you probably want to know if a personal injury lawsuit can be filed after the person who was going to bring it dies. Second, if a personal injury lawsuit can be filed, who is allowed to do it.
Personal injury laws vary from state to state, and each state has its own laws in regard to personal injury lawsuits. However, if your family member died as a result of the injuries that would have been the subject of the lawsuit, your family members heirs or representative may be able to file a wrongful death lawsuit. In some states, a personal injury lawsuit can also be included, along with the wrongful death lawsuit.
A wrongful death is not a natural death. It is a death that should not have occurred. In other words, a wrongful death is a death that was caused by another partys willful or negligent act.
If your family member died from other causes, you may be able to file a personal injury lawsuit on behalf of your family members estate. This is what is referred to as a tort claim. A tort claim is a legal claim that is brought by a person who has been the victim of a wrongful act that did not have to do with a breach of contract.
Who is allowed to file a wrongful death lawsuit or a personal injury tort claim? Again, wrongful death laws vary from state to state. However, in most instances, if you are a spouse, parent or child of the person who died as a result of their injuries caused by the negligent act of another party, you can file a wrongful death lawsuit.
Depending on the state, a personal injury tort claim may be brought by the personal executor or representative of the deceased persons estate or heirs. It should be pointed out, however, that the monetary amount that is awarded may not be what it would have been had the person lived to bring the lawsuit.
The right thing to do is to contact a personal injury attorney to have your family members case evaluated at no cost or obligation to you.
Article written by James Shugart
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