A personal injury case arises when a person suffers from harm or injury at the hand of another party. If the person cannot file for a personal injury case himself, a family member can file on their behalf. Law firms like Johnston Law Firm, PC assist with personal injury cases. However, the family members have certain rights when it comes to personal injury cases and this article will highlight when these rights can be exercised.
The members that can be represented under the laws are:
Handicapped or Disabled Victims
A handicapped person or who is mentally or physically challenged may not make decisions on his own. In such cases, they will require some help from the family members. Direct and immediate family members can file for a personal injury case in such situations. However, there are certain requirements of the law that are to be followed in order to be a legal guardian. During the initial hearing, the family member will be required to present evidence that the victim cannot appear before the court and thus requires a legal guardian. The judge will always act in the best interest of the victim.
Rights of Minors
If the victim is below the age of 18, then they require a legal guardian to represent them in court. The person who is legally filing in the court is known as the “next friend”. However, any compensation that will be granted to the victim has nothing to do with the guardian or anyone filing on behalf of the victim.
What can be included in the case?
If you want to win a personal injury case in the court, you need to prove that the victim has suffered losses and can no longer provide for the family in whatever capacity he used to.
Love and Affection
An injury or a traumatic incident can affect how your loved one shows love and affection. The family member can present evidence in the court that the victim is no longer involved in any affection or is able to show love and this will help build a narrative.
A person may not be able to indulge in social activities due to an accident. These activities could be dancing, going out to parties, playing sports, etc.
If the person is unable to return to work and not able to support the people he used to support, it can also be challenged in court. Financial dependence is something that can help you present in the court.
As a result of an accident, the victim may not be able to support the family in terms of doing house chores or taking care of the children. This absence of emotional support can also be challenged in court and a case can be filed.
These laws and regulations can be different according to each state and country. If you see a family member who is suffering, you can go ahead and file a case on their behalf.