Pursuing financial compensation for a preventable injury can help an accident victim rebuild and move forward by paying for medical bills, lost wages, and various other losses. In a situation where the victim is too severely injured or incapacitated to pursue a Laredo personal injury claim themselves, Texas law permits certain people to file on behalf of the victim.
Family Members
If an injury incapacitates but does not kill the victim, such as if the individual is too severely physically or mentally disabled to communicate or make sound legal decisions, certain family members can file a personal injury claim on the individual’s behalf.
This often includes a spouse, parent, or adult child. Bringing a claim on behalf of a family member typically takes consulting with a Laredo accident lawyer to be appointed as a legal guardian or power of attorney.
If your loved one passes away from his or her injuries, your family may be eligible to file a wrongful death claim in Laredo instead. Under Texas law, the spouse, child, or parents of the deceased have the sole right to file in the first three months, after which point the personal representative of the deceased person’s estate may also file on behalf of beneficiaries.
Parents on Behalf of a Minor
You have the right to file an injury claim for your child as a parent or legal guardian. If the accident victim is a minor under the age of 18, the parent or guardian can file a claim on the child’s behalf, seeking financial compensation or damages for the child’s pain and suffering, medical expenses, required long-term care, and other losses. The child also has the right to wait until he or she turns 18 to file his or her personal injury claim.
Legal Guardians for Adults
To file on behalf of an incapacitated adult, you typically must be appointed as his or her legal guardian or power of attorney. Becoming a legal guardian, or a conservator, takes filing a petition that must be approved by the courts. Once approved, your legal guardianship will grant you the authority to make legal decisions for the incapacitated person, including filing a personal injury claim.
Powers of Attorney
Another option is becoming the injured person’s power of attorney (POA). A POA is granted the authority to make important decisions, including legal ones, on behalf of the named individual (principal). It is important to note that the POA document must specifically state that the agent has the right to file an insurance claim or take civil action on behalf of the principal.
How to File a Claim for Your Loved One in Texas
If you wish to seek justice by taking legal action on behalf of your injured loved one in Texas, start by contacting a personal injury attorney near you. A conversation with a lawyer can clear up confusing legal issues and provide personalized information about your family’s specific situation. If an attorney chooses to represent you, he or she can take care of evidence collection and claims filing on your behalf.
Your family, with assistance from a lawyer, can collect evidence to build and support the personal injury claim, such as medical records, accident reports, witness statements, and testimony from qualified experts. You must then submit the claim before Texas’s deadline, or statute of limitations. This is typically two years from the date of the accident under Texas Revised Statutes § 16.003.
For a free consultation about pursuing a personal injury claim on behalf of a loved one in Texas, contact Gonzalez Druker Law Firm at (956) 728-9191.