Filing a Personal Injury Lawsuit on Behalf of Someone Else – What You Need to Know

When an accident leaves a loved one injured—or in the worst cases, deceased—the emotional toll can be overwhelming. In New Jersey, the law recognizes that there are times when the injured party cannot advocate for themselves. 

Whether the victim is a minor, incapacitated, or has passed away, a family member or legal representative may have the authority to file a personal injury lawsuit on their behalf. 

Understanding who can file, what legal standing is required, and the steps involved is crucial for protecting your rights and pursuing fair compensation.

Who Can File a Personal Injury Lawsuit on Behalf of Someone Else?

New Jersey law is designed to ensure that those who are unable to act for themselves still have access to justice. The following categories may be eligible to initiate a lawsuit on another’s behalf:

• Family Members and Next of Kin:
  If the victim dies from injuries related to someone else’s negligence, the law permits a wrongful death claim to be filed. In these cases, the executor or personal representative of the deceased’s estate must initiate the lawsuit. Notably, wrongful death claims in New Jersey must be filed within two years from the date of death.
  
• Legal Guardians or Appointed Representatives:
  When an individual is incapacitated—whether due to physical or mental disabilities—a court may appoint a legal guardian or authorize a power of attorney to make decisions on their behalf. Once this appointment is in place, the guardian or representative has the authority to file a personal injury lawsuit.
  
• Parents or Legal Guardians for Minors:
  Minors are not legally permitted to initiate lawsuits on their own. In such instances, a parent or legal guardian must step in to protect the minor’s rights. It’s important to note that once the child reaches the age of 18 (unless the child is disabled), the ability to file on their behalf typically ends.

Legal Standing and Authority to File a Lawsuit

The concept of legal standing is fundamental to any lawsuit. To file a personal injury claim on behalf of someone else, you must demonstrate a direct, legally recognized relationship to the injured party. This requirement prevents third parties with only a tangential interest from pursuing claims, ensuring that only those truly affected by the injury have the authority to act.

For example:

• Executors of Estates: In wrongful death cases, the executor is responsible for managing the estate and is legally empowered to seek compensation for losses.
  
• Appointed Guardians or Powers of Attorney: When a victim is incapacitated, an appointed guardian must show clear documentation of their appointment by the court. This legal document confirms that they are authorized to handle both the personal and financial affairs of the victim.

Having the proper legal standing is not just a formality—it can be a pivotal factor in whether your claim is allowed to proceed. 

The Process of Filing a Personal Injury Lawsuit on Behalf of Another

Filing a lawsuit on behalf of someone else involves several important steps. Being organized and proactive can make the process smoother during a time that is already stressful.

Initial Consultation and Case Evaluation:

• Discuss the Facts: Speak with a knowledgeable attorney to review the details of the accident, the nature of the injuries, and the relationship between you and the victim.
  
• Determine Eligibility: The attorney will confirm that you have the legal standing required to file the claim.
  
• Review Deadlines: Under New Jersey law, most personal injury claims—including wrongful death—must be filed within two years from the date of the incident or death. Missing these deadlines can result in losing your right to sue.

Gathering Evidence:

Collect all pertinent documentation, such as:

• Medical records and bills
• Police and accident reports
• Photographs of injuries and the accident scene
• Witness statements
• Any communications with insurance companies
  

Filing the Lawsuit

• Drafting the Complaint: Your attorney will prepare a legal document outlining your case, including the basis for the claim, the damages sought, and evidence supporting your claim.
  
• Submission to Court: The complaint is then filed with the appropriate New Jersey court, starting the legal process.
  

Negotiation and Potential Litigation:

• Settlement Discussions: Often, insurance companies will propose a settlement before the case goes to trial.
  
• Court Proceedings: If a fair settlement isn’t reached, the case may proceed to trial, where your attorney will represent your interests in court.

Potential Challenges and Obstacles

While filing a lawsuit on behalf of someone else can be a vital step toward obtaining compensation, there are several challenges you may encounter:

• Establishing Legal Standing: Demonstrating the exact nature of your relationship with the victim can be complex. Courts will require clear evidence—such as legal documents proving guardianship or power of attorney—before granting you the authority to file.
  
• Adhering to Strict Deadlines: New Jersey’s statute of limitations for personal injury cases is unforgiving. Even a short delay in filing could result in the claim being dismissed. It’s crucial to act swiftly and ensure that all paperwork is filed on time.
  
• Gathering Sufficient Evidence: The burden of proof in personal injury cases is significant. Detailed records and compelling evidence are essential to establish liability and quantify damages. Missing or incomplete documentation can impede your claim.
  
• Dealing with Insurance Companies: Insurance firms may employ aggressive tactics to minimize payouts or delay proceedings. Their goal is often to settle claims quickly and for as little money as possible.
  
• Emotional and Logistical Challenges: Taking legal action on behalf of a loved one can be emotionally draining. The added responsibility of managing both the emotional and legal aspects of the case can be overwhelming. Professional legal guidance is invaluable in such situations.

Personal Injury Lawsuit for Someone Else? Get a Free Case Review!

At Rosengard Law Group, we recognize the immense challenges that come with pursuing a personal injury lawsuit on behalf of a loved one. Whether you’re dealing with the aftermath of a wrongful death, the complexities of representing an incapacitated family member, or the unique issues that arise when a minor is involved, our team is here to help.

Taking the first step toward justice can feel daunting, but you don’t have to face it alone. If you believe you have a claim, contact us today for a free consultation and let our experienced team help you pursue the compensation you deserve. 

Call us at (856) 284-6446 or visit our website to schedule your free consultation call.