Are family members able to file a brain injury lawsuit on behalf of an injured person?

In California, family members are able to file a brain injury lawsuit on behalf of an injured person under certain circumstances. Generally, any person or entity who is responsible for causing a brain injury through negligence or intentional harm has a legal duty to compensate the injured person for their losses. For family members to file a brain injury lawsuit in California on behalf of an injured person, they must first prove that they are the “legal representative” of the injured person, which typically requires them to be appointed as the injured person’s legal guardian or conservator. Once appointed, the guardian or conservator is authorized to bring a lawsuit on behalf of the injured person in order to recover compensation for medical bills, future care expenses, lost wages, pain and suffering, and other damages related to the brain injury. However, if the injured person is still able to manage their financial and legal affairs, then the family does not have the authority to file a lawsuit on their behalf. In that case, the injured person can still file a brain injury lawsuit in California on their own behalf. In either case, it is important to note that personal injury claims have strict time limits in California, so it’s important to seek legal advice as soon as possible to ensure that you do not miss the deadline for filing a claim.

Related FAQs

What are the legal implications of a brain injury?
What is a “loss of earning capacity” claim?
How long does a brain injury lawsuit take?
Is a brain injury considered a temporary or permanent disability?
Is it possible to negotiate a brain injury settlement without going to court?
What is the difference between a traumatic and an acquired brain injury?
How do insurance companies handle brain injury claims?
What is a “loss of enjoyment of life” claim?
Are there any specific considerations for filing a brain injury lawsuit against a government agency?
What kind of evidence do I need to prove a wrongful death due to a brain injury?

Are family members able to file a brain injury lawsuit on behalf of an injured person?

Related FAQs

Related Blog Posts