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

In the state of New York, family members are able to file a brain injury lawsuit on behalf of an injured person. This type of lawsuit is commonly referred to as a wrongful death action. These types of cases arise when a person’s life has been taken or an individual’s health has been gravely impacted due to the negligence of another individual. In order for a family to pursue a lawsuit, the person affected must be a minor or an adult under the guardianship of another due to their incapacity. In order to prove fault and negligence, the family must show that the injury or death was caused by the intentional or negligent actions of another person or entity. Additionally, it must be determined that the harm inflicted was not due to a pre-existing medical condition. Additionally, family members must show that the damages were not self-inflicted. If a lawsuit is successful, a family may be eligible to receive monetary compensation for damages, which may include medical expenses, lost wages, and pain and suffering. It is important to note that in New York, the statute of limitations for a personal injury claim is three years from the date of the injury. Therefore, it is important for families who are considering a brain injury lawsuit to seek legal counsel as soon as possible.

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

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