Suing on Behalf of a Family Member: When and How It’s Possible

When someone is injured because of another party’s negligence, the law generally gives them the right to seek justice via a personal injury lawsuit—but what happens if the injured person cannot file for themselves? In Nevada, family members and legal representatives may step in to file a lawsuit on behalf of a loved one in certain circumstances. This ensures that the at-fault party is held accountable for their actions and that the injured person can still be fairly compensated.

Navigating these types of personal injury claims requires extensive preparation and care—and we can help. To discuss your case with our Las Vegas personal injury lawyers, call Claggett & Sykes Trial Lawyers to set up a consultation now.

When can someone file on behalf of a family member?

In general, the right to sue for an injury is extended only to the injured party. There are a handful of exceptions that allow family members to sue on behalf of a loved one.

The injured party is a minor

If the injured party is a minor, they cannot legally pursue a lawsuit on their own. A parent, legal guardian, committee, conservator, or similar fiduciary is required to act on the minor’s behalf to seek compensation. Any compensation awarded to the child with net proceeds exceeding $2,500 must be placed in a Blocked Trust Account. Blocked Trust Accounts cannot be accessed without a court order. While parents may petition the court to release funds from a Blocked Trust Account, the court will only do so if it’s in the child’s best interest.

The injured party is incapacitated

Incapacitated adults are those who are not able to make their own legal decisions due to mental or physical disability. If they are injured and may be owed money via a personal injury claim, they need a conservator or “guardianship” that places someone who can act as their legal guardian.

Being named a legal guardian is no minor task. This involves petitioning the court and showing that the guardian is able to act in the best interest of the incapacitated person.

The injured person has passed away

Should the injured party pass away as a result of their injuries, surviving family members may be able to seek compensation on their behalf via a wrongful death claim. There are distinct claims that can be made by the heirs and by a representative of the estate, and the damages that each can recover also differ.

Who has legal standing to sue?

Legal standing refers to a person’s legal right to bring a lawsuit before the court. In Nevada, the rules of standing depend on the injured party. In the case of an injured minor who does not have a representative like a parent or legal guardian, only “next friends” or a court appointed “guardian ad litem”  have legal standing to sue.

If the injured party is an incapacitated adult, a court-appointed guardian or conservator can file on the victim’s behalf. Before someone can be named as a conservator or guardian, the court must recognize that the victim is incapacitated and needs protection via a guardianship or conservatorship.

When the victim passes away due to their injuries, only certain individuals can seek compensation with a wrongful death claim. State law indicates that a personal representative or heir can pursue a wrongful death claim. Note that “heir” in this context does not mean child—it means anyone who would stand to inherit property from the deceased person under intestate succession laws. In Nevada, someone who passes away with children but no spouse leaves everything to their children. If they have a spouse but no children, the spouse may inherit everything. If they have a spouse and one child, the spouse inherits all of the community property and half of the separate property. Their child inherits the other half of the separate property. Going down the line, you can see who has the right to sue, depending on which surviving family members the decedent had.

It is crucial to get this part of the process right. If someone without legal standing attempts to sue, the case is likely to get dismissed immediately. This leads to unnecessary delays that keep the injured party from getting the compensation they’re owed. Consulting with a personal injury attorney at the very beginning of the process can help you avoid these and other issues.

Starting the process

If you think you may have the right to sue a negligent party on behalf of a family member, following these steps can help you save time and advocate for your loved one:

1. Determine eligibility. You can determine whether or not you’re eligible to file based on who the injured party is and what your relation is to them.
2. Seek a court appointment if necessary. A court appointment may be necessary if you want to represent an incapacitated adult as their guardian or conservator. You’ll need to petition the court, attend hearings, provide medical documentation, and potentially defend against other petitions if other family members are attempting to serve as conservator or guardian.
3. Gather evidence. Once you have the legal right to sue on behalf of your loved one, you can proceed as you would with any other personal injury claim. That means gathering evidence, prioritizing medical care, and keeping track of all financial and non-financial losses.
4. Work with an attorney. The earlier you bring a personal injury attorney in, the easier it is to avoid pitfalls and take the right steps to help your family member. Since claims on behalf of other parties can be more complex than other types of personal injury claims, talking to a personal injury lawyer can be very helpful.

Start your claim with Claggett & Sykes Trial Lawyers

At Claggett & Sykes Trial Lawyers, we understand how important it is to you to support your family member after an injury. We’re here to help you navigate this process and fight for justice. Schedule a consultation now by calling us today or sending us a message online.