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
Are mental damages covered in a brain injury lawsuit?Are there any support services available to people with a brain injury?
What is a closed head injury?
What is the difference between a brain injury lawyer and a personal injury lawyer?
What types of treatment are available for brain injuries?
What is a “loss of relationships” claim?
What is the role of a brain injury lawyer in a personal injury case?
Are family members able to file a brain injury lawsuit on behalf of an injured person?
What is the difference between a closed head injury and a mild traumatic brain injury?
What is the average amount of money awarded for a brain injury lawsuit?
Related Blog Posts
Understanding Your Rights in a Brain Injury Lawsuit - July 31, 2023Navigating the Cost of a Brain Injury Lawsuit - August 7, 2023
The Benefits of Hiring a Brain Injury Attorney - August 14, 2023
Recognizing Signs of Brain Injury After an Accident - August 21, 2023
What You Need to Know About Brain Injury Liability Claims - August 28, 2023