Who can file a personal injury lawsuit  can a family member of a loved one? Or a guardian?

Personal injury lawsuits generally must be filed by the injured party. The injured party is required to present evidence to support the claims for injury and reimbursement.  Evidence includes medical records, billing, and testimony.  The injured party must provide testimony as to the extent of the injury, the specific medical care, and the details of how the injuries affected his/her life.  At Zachar Law Firm, we have skilled attorneys who are proficient at eliciting this necessary information and presenting it to an insurance company or a jury in the most persuasive methods. At Zachar Law Firm, we make sure that each case receives the individualized, personal attention it deserves.  

An exception to this rule includes when the injured party is a minor.  If that is the case, the minor’s claim or lawsuit must be filed by his/her biological parent or legal guardian.   Alternatively, the minor’s claim is tolled or “stayed” until the minor turns 18, after which, the 2-year statute of limitations beings to run.   It is advantageous to make a claim or file the lawsuit soon after an injury as witness memories stay fresh and evidence is preserved.   If a settlement occurs, oftentimes, the settlement must be approved by the Court in a process called a conservatorship.   The funds may be held in a restricted account until the minor turns 18.   The attorneys at Zachar Law Firm are highly experienced, in cases involving injuries to minors and the complexities these cases can present. Not all personal injury attorneys understand the ins and outs of this process.  With 100 years of combined experience, the attorneys at Zachar Law Firm can assist any family member, no matter the age, through this process.

The other exception is in the event of wrongful death.   If that occurs, a claim or the lawsuit must be brought in the name of the surviving husband or wife, child, parent, or guardian or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive on behalf of the decedent’s estate. Either parent may maintain the action for the death of a child, and a guardian may maintain the action for the death of the guardian’s ward.  Medical bills for the deceased, projected lifetime income of the deceased and funeral expenses are examples of the claims presented in a wrongful death case. Loss of care, loss of companionship, and loss of consortium may be obtained by some family members also.   Zachar Law Firm’s skilled attorneys include two (2) certified personal injury/wrongful death attorneys who have demonstrated to the legal community, their exceptional experience and knowledge of these cases. The entire staff at Zachar Law Firm brings personalized care and attention to an entire family in these tragic cases.