Losing a loved one is a difficult experience, especially when the loss is the result of a personal injury. In some cases, the injured person may have started a legal claim before their untimely death. In this situation, the question arises whether the loved ones can pursue the personal injury claim on behalf of the deceased. This article will answer the question of whether you can pursue a personal injury claim on behalf of a loved one who has passed away.
Table of Contents
Understanding Personal Injury Claims
A personal injury claim is a legal process where an injured person seeks compensation for damages that they sustained because of someone else’s negligence. Damages include things like medical bills, lost income, and pain and suffering. To bring a personal injury claim, the injured person files a lawsuit against the at-fault party or their insurance company.
The Legal Process
If the injured person initiated the personal injury claim during their lifetime, the legal process can be continued through their estate. In the United States legal system, every state has laws that provide a procedure for handling the assets and liabilities of someone who has passed away. Typically, this process involves opening an estate in probate court, naming an executor to manage the estate, and distributing the decedent’s assets to their beneficiaries.
Survival Actions and Wrongful Death Claims
If someone dies as a result of their injuries, their loved ones can pursue two types of personal injury claims on their behalf. These claims are survival actions and wrongful death claims.
Survival Actions
A survival action is a claim that the injured person could have brought if they were still alive. In other words, it is a claim that "survives" the injured person’s death. This type of claim allows the estate to recover damages that the deceased person could have recovered if they were still living. Damages can include medical bills, lost wages, and pain and suffering.
Wrongful Death Claims
A wrongful death claim is a claim brought by the deceased person’s family members or estate. The claim is made against the person or entity responsible for the injury that caused the loved one’s death. Damages in a wrongful death claim include things like lost income, loss of consortium, and funeral expenses.
Who Has the Right to Bring a Claim
The right to bring a personal injury claim on behalf of a loved one who has passed away depends on the state’s wrongful death and survival action laws. In general, only certain family members have the legal right to bring a wrongful death or survival action claim on behalf of their loved ones.
Wrongful Death Claims
In most states, the deceased person’s spouse and children have the right to bring a wrongful death claim. If the deceased person does not have a spouse or children, the right to bring the claim falls to their parents. If the person has no immediate family members, the right to bring a claim may pass to other relatives, such as siblings or grandparents.
Survival Actions
In a survival action, the right to bring the claim falls to the executor of the deceased person’s estate. This person is typically named in the person’s will or appointed by the probate court. The executor is responsible for managing the deceased person’s estate, paying their bills, and distributing their assets.
Time Limitations
It is essential to understand that there are time limitations for bringing a wrongful death or survival action claim in most states. These are known as statutes of limitations, and they vary from state to state. In general, a wrongful death claim must be brought within one to two years of the loved one’s death, depending on the state. It is crucial to consult with an experienced personal injury attorney to understand the specific time limitations in your state.
Contacting a Personal Injury Attorney
If you have lost a loved one due to someone else’s negligence, you may be entitled to compensation. Pursuing a personal injury claim on behalf of a deceased loved one can be a complicated process. It is essential to contact an experienced personal injury attorney to help you navigate the process effectively. An attorney experienced in wrongful death and survival actions can help you understand your legal rights and ensure you receive the compensation you deserve.
Conclusion
In conclusion, it is possible to pursue a personal injury claim on behalf of a loved one who has passed away. The type of claim and who has the right to bring the claim depends on the state’s wrongful death and survival action laws. It is essential to consult with an experienced personal injury attorney to understand your legal rights and ensure you meet the time limitations for bringing a claim.