Can I File a Lawsuit in Ohio on Behalf of a Loved One?Nov 04, 2020 Wrongful Death
Posted by: Kisling, Nestico & Redick, LLC
In most personal injury cases, the person who was harmed is who files a lawsuit against the individual or company allegedly at-fault for the accident or incident. But, in some situations, a representative or family member can file a lawsuit on behalf of a loved one.
The process of filing a claim or lawsuit on behalf of someone else is complex, best handled by a dedicated Ohio personal injury attorney. With more than 500 years of combined experience and a long history of fighting for injured Ohioans, KNR can help you understand your rights and successfully guide you to recover the compensation your loved one deserves.
Who Can File a Lawsuit in Ohio?
Technically anyone can file a lawsuit, but if the person does not have a legal right to make a claim, the case will be dismissed.
In Ohio, the person who can legally make a claim depends on what type of case is being filed and the condition of the person who was injured by the at-fault party.
Who Can File a Wrongful Death Lawsuit?
Wrongful Death cases are special claims where the person who was injured has passed away. In this case, the rightful person with the claim (the deceased individual) cannot file a case. So, Ohio law allows others to file a case on their behalf.
When someone dies due to another person or company’s wrongful actions, the following people can file a lawsuit to recover losses:
- Biological or Adopted Child
Other close relatives, such as grandparents, aunts, uncles, nieces, nephews, and even long term partners may be able to get part of a monetary recovery if they can prove that they have suffered due to the loss of the person who passed away.
Who Files a Lawsuit for Children?
According to Ohio Rules for Civil Procedure 17(b), a parent or legal guardian may file a personal injury lawsuit on behalf of a child. In cases where a minor has been injured by someone else, their parents often foot the bills, including medical bills. Parents have a right to get money to cover the expenses that were caused by the at-fault party.
Representatives May File on Behalf of an Incompetent Person
If a person is incompetent in some way, mentally or physically, and they are unable to file a lawsuit on their own, a representative may file a lawsuit for them. A representative may be a guardian like their fiduciary who handles their money and accounting. For instance, if your loved one suffered a traumatic brain injury, and a parent or spouse assumed this role, they may be able to file a claim against those responsible.
What If Someone Does Not Have a Representative?
If no representative, such as a parent or guardian, exists, then the court might appoint a guardian ad litem for the purpose of managing a personal injury case or other lawsuit. The court may also take other actions as it deems proper to protect the minor or incompetent person.
Call KNR for Help With a Complex Case
Although you should always work with an experienced personal injury lawyer when considering a lawsuit, if you have to act on someone else’s behalf, it’s even more important to contact an attorney. Kisling, Nestico & Redick can guide you through the legal process. and make sure everyone’s rights are properly represented.
Let us use our experience and skill to determine your eligibility and properly advise you on the best way to move forward. To schedule a free, no-risk consultation about a possible lawsuit, call 1-800-HURT-NOW.