Getting What Is Rightfully Yours

Getting What Is Rightfully Yours

Personal Injury Vs. Wrongful Death Lawsuits: Who Can File?

by Penny Fisher

Lawsuits can be your best option when it comes to securing compensation and justice for those that have been wronged. If you were injured, then you may have medical bills to pay and lost wages to consider, both of which can be fully covered by a successful personal injury lawsuit. On top of that, a successful lawsuit can help you recover damages from emotional trauma and suffering, which can increase the total payout even further. However, filing a lawsuit isn't necessarily as simple as you might hope. To help give you some insight into how the process works and what steps you need to take, here are a couple of pointers on who can and cannot file a personal injury lawsuit:


First of all, you can file a personal injury lawsuit on your own behalf. This is how the vast majority of personal injury lawsuits proceed. Class action lawsuits are a bit of a different story, but they still allow you to decide whether or not you wish to file a lawsuit. It's difficult to lose the ability to file a lawsuit for yourself, but it is a fairly common occurrence in situations where you are unfit to file.

For example, minors are unable to file lawsuits by default and the mentally unstable may have their legal rights transferred to another party until they regain full control of their faculties. Additionally, it would be impossible for you to file a lawsuit if you were incapacitated (such as by being in a coma), which means that someone else will need to file on your behalf.

Parents and Guardians

In cases where a minor was injured, then the responsibility for filing lies with the parents or guardians of the child. In some cases, the child may be allowed to file for themselves as soon as they become an adult, and some states even go so far as to allow special extensions to the statute of limitations when it comes to injuries suffered by minors.

It can be pretty tricky to plan out and execute a lawsuit that is filed on behalf of a young child, since you might want to shield them from the legal process. They may be uncomfortable, but thorough documentation of their injuries will be critical when it comes to actually proving your case in court.

Individuals With the Power of Attorney

As was mentioned above, individuals that are in comas or are mentally unstable may not be able to file. However, waiting for them to recover may be impossible due to the statute of limitations. Therefore, the individual with the power of attorney may need to file on their behalf, setting up the case and possibly hiring a lawyer on their behalf. Contact an attorney like one from Fitzsimmons & Vervaecke Law Firm for more information.  


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Getting What Is Rightfully Yours

How much do you think someone should pay if they pummel your car and accidentally kill your entire family? What if they were drunk? What if you had to miss three months of work? Although you might understand that a wreck like that could level you financially, your insurance company might see things another way. Instead of paying you what is rightfully yours, they might try to pay for your car to be repaired and take care of half salary for a few weeks. However, working with a lawyer can ensure that you get what you deserve in court. This blog is all about how personal injury lawyers can help. Check it out.