Yes, you may be able to pursue a personal injury claim on behalf of someone else. However, you generally must have legal authority to file for that person. This may include, being a parent or guardian, a conservator or other authorized representative under the law. If the injured party is competent adult, another person cannot file for them without proper legal authority.
When can you file a personal injury claim for someone else?
- If the injured person is under 18 years old, a parent or legal guardian can bring a personal injury claim on behalf of the child, gather evidence, and pursue compensation through an insurance claim or lawsuit. This process may vary slightly by state, but in Illinois, court approval may be required to make sure it is fair and protects the child’s best interests if a settlement is reached.
- If the injured person cannot make legal decisions due to a disability, cognitive impairment, or severe injury, a friend or family member may need to obtain legal authority such as guardianship before acting for them in court.
How to obtain legal authority to file on behalf of another adult?
If an injured adult cannot manage their own legal affairs, a family member or other trusted party may petition the court to be named the person’s guardian. The court will conduct an evaluation of the person’s mental or physical capacity through medical records and grant authority over their legal and financial affairs.
If the adult is somewhat competent but still needs assistance, they can sign over Power of Attorney (POA) which gives authority over specified legal or financial affairs. This is a likely scenario when the person is temporarily unable to make decisions for themselves, such as if they are recovering from a severe injury.
Filing a personal injury claim for someone else can be more confusing than pursuing your own claim. Contact an experienced personal injury attorney to help you understand the process and protect the injured person’s rights. If you or someone you know has been injured, contact The Illinois Hammer here or call (888-4-HAMMER) to get a team that knows how to win on your side.
