Personal Injury Claims Among Friends & Family: A Delicate Situation
Posted in: Ohio Personal Injury
KNR Legal Blog
Ohio’s laws about filing lawsuits on behalf of others can be challenging. It can often feel overwhelming, especially since all you want is justice and financial relief for your loved one.
Fortunately, the Ohio injury lawyers at Kisling, Nestico & Redick (KNR) are here to guide you. Let us navigate the process, protect your loved one’s rights, and empower you to hold the negligent parties accountable.
Anyone can file a lawsuit, but the case will be dismissed if they don’t have the legal right to make a claim. In Ohio, the eligibility to file depends on the type of case and the injured party’s condition.
When a loved one passes away due to someone else’s negligence or wrongful actions, Ohio law allows specific family members to seek compensation for their loss. Those who can file a wrongful death lawsuit include:
Other close relatives, like grandparents, aunts, uncles, nieces, nephews, or long-term partners, may also recover monetary compensation if they can prove they suffered due to the deceased’s death.
For example, suppose a father dies in a car accident caused by a drunk driver. In that case, his wife can file a wrongful death claim seeking damages that may include compensation for the deceased’s lost income, the emotional distress inflicted, and funeral expenses.
But if you’re considering legal action after a tragic accident, try to remember that wrongful death claims are complicated matters, with large corporations and insurance companies typically involved. You’ll need to prove things like the defendant’s liability, calculate fair compensation for non-economic damages (like emotional distress), and demonstrate the impact of the loss on each family member. Additionally, you must adhere to Ohio’s two-year statute of limitations and navigate potential disputes.
Ohio Civil Procedure Rule 17(b) outlines that a parent or legal guardian can file a personal injury lawsuit on behalf of a child. This is crucial when another party injures a child, and parents are responsible for the medical bills and other expenses. Parents have the right to pursue compensation to cover these costs.
Suppose a faulty playground slide hurts your child. As their parent, you can legally file a lawsuit against the manufacturer to cover the child’s medical expenses and pain and suffering.
However, such claims involve challenges like obtaining court approval for settlements, adhering to the statute of limitations, addressing comparative negligence, and accurately estimating long-term care costs for a young child. Working with an experienced attorney can help you avoid obstacles and secure the best possible outcome for your child.
A representative (like a guardian or fiduciary) can file a lawsuit if someone cannot represent themselves due to mental or physical incapacity. For example, if your loved one suffered a traumatic brain injury or is in a coma after an act of negligence, a spouse or parent could seek legal action to recover the cost of medical bills and lost wages.
Claims involving incapacitated individuals may run into challenges like obtaining the proper documentation to establish legal standing, demonstrating the extent of the victim’s incapacity, proving liability, and accurately estimating future costs. But with legal help, you can be prepared and better handle your loved one’s case.
If there’s no existing representative, the court may appoint a “guardian ad litem” to handle the personal injury lawsuit or take other steps to protect the interests of the minor or incompetent person.
Filing a lawsuit on behalf of a loved one requires careful consideration and strategic planning. Here’s how you can navigate this complex process effectively:
Ensure that you have the legal right to file a claim, which depends on your relationship with the victim:
To build a strong case, you’ll need to establish the other party’s negligence and the extent of damages incurred by your loved one. This involves:
Successfully navigating court rules and procedures is crucial:
Be prepared to face common legal challenges, such as:
By working with an experienced personal injury attorney, you can overcome these challenges and better advocate for your loved one.
Filing a lawsuit for someone else is a complex process. That’s why working with an experienced and respected personal injury attorney is crucial. At Kisling, Nestico & Redick, our team has recovered millions for thousands of Ohioans and is dedicated to holding the right parties accountable for the harm they inflict.
Let us explain your loved one’s rights and your options in a way that minimizes your stress and maximizes the compensation your loved one deserves. Call us today at 1-800-HURT-NOW to schedule a free, no-risk consultation.