Can You File a Personal Injury Claim for a Family Member in Texas?
A family member’s injury can turn your world upside down. If you’re wondering if you can file a personal injury claim for a family member in Texas, understanding the laws and options is crucial.
When Can Family Members File a Claim?
Who can take action when a loved one is hurt? Here’s the lowdown:
- Spouse: Can file a claim on behalf of their injured spouse with Power of Attorney (POA) or guardianship.
- Children: Can file for Wrongful Death if a parent passes away.
- Parents: Can file for Wrongful Death if a child dies (if no spouse or children).
- Siblings: Generally can’t file, except in limited cases (e.g., if they were dependent on the injured person).
Knowing your options is key to getting compensation for pain and suffering on behalf of a family member.
Filing a Personal Injury Claim On Behalf of a Family Member
In Texas, if your loved one is alive but unable to act, certain people can step in to file a personal injury claim:
- POA holder: Can file a claim on their behalf.
- Court-appointed guardian: Manages legal affairs, including filing a claim.
- Executor of Estate: May file if the injured person is incapacitated or deceased.
Power of Attorney: Your Key to Acting on Their Behalf
A POA lets you make decisions for someone else. Here’s how it works:
- A POA grants authority to act on the injured person’s behalf.
- You can use a POA to file a personal injury claim and handle insurance matters.
Legal Guardianship: What You Need to Know
If someone’s incapacitated, guardianship might be an option to file a personal injury claim for a family member:
- Legal guardianship gives you control over their affairs.
- It allows you to file a personal injury claim on their behalf.
Wrongful Death and Survival Actions: Filing After a Loss
When a loved one passes away, different rules apply:
- Wrongful Death claims compensate family members for their loss.
- Survival Actions cover the deceased’s damages before death.
Spouse, children, parents, or the estate executor can file these claims.
Next Steps: Get Expert Advice and Act Fast
Don’t go it alone. Consulting a personal injury lawyer in Texas can make all the difference. Gather evidence and meet deadlines – you have 2 years to file in most cases.
Take the First Step
If a family member’s injury has left you with questions, you’re not alone. Filing a personal injury claim for a family member in Texas is an option. Reach out to The Traub Law Office for guidance tailored to your situation.
