Can I File an Injury Claim for a Loved One?
Posted in Personal Injury on February 28, 2025
When a person suffers a serious injury, they may have the legal right to pursue compensation from those who are at fault. Yet, there are times when that can be challenging to do, especially if the victim is facing a long road to recovery. Can you file an injury claim for a loved one? The answer to this question is that it depends on the situation and whether the individual has the legal ability to file a claim and a Nashville personal injury lawyer can help you determine the next steps.
The Party’s Right to File a Claim
In situations where a person suffers an injury, they are an adult, and there is no reason to believe they do not have the mental capacity to file a claim on their own, it is unlikely that a third party can file a claim without the victim’s consent. There may be factors in which a person simply does not wish to pursue legal action, and it may be hard to prove that they have to do so.
Proving Legal Authority
Alternatively, it is not uncommon for family members to seek help, including filing a claim on behalf of the victim in situations where they have the legal authority to do so. There are some situations where this legal authority is assumed, but in others, it must be sought.
- Parents: If the victim of the injury is under the age of 18, a parent with guardianship and legal custody of the child can take action to file a claim on that child’s behalf.
- Disability: If a person has disabilities that limit their ability to make critical decisions, from a condition present prior to the accident, the guardian of that person may file a claim on their behalf.
- Power of attorney: If, for any reason, a person has been given power of attorney over the victim, this may give them the legal right to make decisions for that individual.
Wrongful Death Claims for a Loved One
One of the most common times when a family member may need to take action to recover damages from an injury claim occurs when the victim dies. The death may occur immediately after the accident or within the days, weeks, and months after it. Under Tennessee law, the immediate family members of the deceased party may have the right to seek legal action on their behalf. If an estate executor was named, that person has the right to seek legal action.
Typically, this follows the following order:
- The spouse of the deceased party
- If there is no spouse, the child of the deceased party
- If there is no child, the parents of the deceased party
- Surviving next of kin as determined by the court
The personal representative named to execute the will and estate of the victim also has the right to seek legal action against those who caused the losses. This decision falls under TN Code § 20-5-106. If you are not sure if you have this right, seeking the guidance of an attorney can make a significant difference in the outcome of your family member’s case.
Not just anyone can file a claim on behalf of the victim. The court expects those who have a close relationship with that person to be able to make key decisions. If you are unsure about the status of your situation, contact a Nashville wrongful death attorney to learn more.