It’s scary enough when a family member or a loved one is injured, but if they are unable to seek compensation themselves, there may be more to the story. In some cases, whether due to age, incapacity, or even death, the injured person can’t file a personal injury claim on their own. Florida law provides avenues for others to take on the mantle and file lawsuits, but it can be complicated and stressful.

Why You Usually Can’t File Lawsuits for Others

In most personal injury cases, the law requires that the individual directly harmed must file the lawsuit themselves. Since Florida laws are set up to address the specific injuries and losses that someone has suffered, they must be the ones to bring forward the case. The person who experienced the injury is the only one who can accurately describe the physical pain, emotional distress, and financial hardships they’ve endured – things that aren’t apparent from a list of medical bills.

The principle behind this rule is to maintain fairness and accuracy in legal proceedings. If someone else were to file, it could create complications or misrepresentations, as that person might not fully understand the extent of the injured party’s losses. Plus, there may be issues where the injured person later wants to file for something already litigated in court. However, Florida courts do recognize certain situations where this may not be possible, and in those instances, exceptions exist to allow others to step in.

Four Situations Where You Can File a Lawsuit for Someone Else

Filing on Behalf of a Minor: Minors cannot legally file injury lawsuits, so a parent or designated legal guardian must bring forth the lawsuit on their behalf. However, even though parents are the obvious example of someone with powers and authority over another person, there are still hoops to jump through. If the economic damages exceed $15,000, parents must receive court approval and set up a plan to safeguard the funds. Any compensation typically goes into a trust until the child reaches adulthood or is used for immediate care.
Filing for an Incapacitated Person: If someone is currently incapacitated due to a mental condition or illness around the time of their injury, before or after, a court-appointed guardian or close family member may file the lawsuit. This is necessary because the incapacitated person cannot make legal decisions on their own, and the personal injury in question may be the reason why someone is incapacitated in the first place. The court requires evidence of the person’s incapacity, and funds will also typically be held for the person for their future use or immediate medical needs and bills.
Filing a Wrongful Death Claim: When an individual dies from their injuries, a representative of the injured party can file a wrongful death claim. The purpose is to recover compensation for losses such as funeral costs, medical expenses, and loss of financial support. These are distinct personal injury claims with well-defined procedures and rules, as they are a common occurrence that always requires someone else to bring forth the suit. Florida only allows the personal representative of the deceased’s estate to file a lawsuit. If the deceased had a will or estate plan, this information is usually part of it. If no representative is designated, the court will appoint one. A successful wrongful death claim allows those entitled to compensation, including the spouse, children, and sometimes parents or other dependents, to recoup funds and use those toward needed bills.
Power of Attorney: If an individual has already designated someone with power of attorney, the appointed person can file a personal injury claim on their behalf. Powers of attorney give the authority to manage legal matters, including filing lawsuits, as long as the agreement in place does not restrict that authority. This arrangement is often used for individuals who cannot manage their own affairs for a variety of common reasons like incapacity or illness.

Probinsky & Cole are here to simplify these often complex situations and help you gain the confidence to fight for what your loved one deserves. Whether you need to file a lawsuit or you just have questions, call us today.