There are circumstances when you can file a claim on behalf of the victim. In Kentucky, the statutes/laws allow you to file a claim if you are the guardian of a minor child or disabled person, or an estate representative appointed by the court to file suit.
Suppose your loved one suffers severe injuries after a car accident, semi-truck accident, motorcycle accident, pedestrian accident, premise liability, slip and fall, or died under unclear circumstances. This article will educate you on how and when to file a personal injury on their behalf with your attorney. At Flora Templeton Stuart Accident Injury Lawyers, we handle cases for minor children and disabled individual’s estates in wrongful death cases.
What’s In This Guide:
- Filing a Personal Injury Claim on Behalf of a Child
- Wrongful Death Lawsuit
- Filing on Behalf of an Incapacitated Victim
- What Should You Know Before Filing a Personal Injury Claim?
Filing a Personal Injury Claim on Behalf of a Child
When your child suffers a severe injury due to someone else recklessness or carelessness, they deserve compensation for pain, suffering, medical expenses, and other hardships or losses. However, the law doesn’t allow a minor to file a claim, meaning you have to initiate the legal process on their behalf.
What to Do if Your Child Is Injured
If your child is involved in an accident, seek medical treatment as soon as possible. There are several locations in Bowling Green that can provide medical treatment after an accident, including:
- The Medical Center at Bowling Green
- TriStar Greenview Regional Hospital
- Graves Gilbert Clinics
- Injury-Care Center
Remember to collect the names and contacts of several or all witnesses. Also, take pictures of the accident scene. Finally, report to the relevant authorities, including police, the insurance company, or the building owner.
Do not communicate with the responsible individual’s insurance company in the absence of your injury lawyer.
Compensation in a Child Injury Case
Financial compensation for your child’s injury depends on the type of injury, available financial resources (amount of insurance), medical treatment, and liability (fault). Generally, damages for a child’s injuries can either be economic or non-economic.
Economic (special) damages are the financial compensation parents receive to cover expenses such as;
- Medical care expenses not paid by insurance
- Cost of prescriptions and medical devices
- Rehabilitation and physical therapy costs
- Wages lost by parents while offering childcare or child is employed
- Cost of care
- Future loss of income if permanent disability
On the other hand, non-economic/ general damages compensate the minor and family for their emotional and mental harm.
Statute of Limitation in a Minor Injury Case
The time limit for filing a personal injury lawsuit in Bowling Green is one year from the day of the incident or from the time that the last PIP payments were paid. If the injury was sustained in a motor vehicle accident, the statute of limitations is two years from the date of the accident.
There may be an exception for minor victims. If the parent didn’t file the claim on time, the injured child could file on their behalf within 1-2 years after attaining majority- 18 years old.
Wrongful Death Lawsuit
You can file a wrongful death lawsuit in Bowling Green after the death of a loved one due to neglect or unlawful act of another individual. Some common acts that can cause wrongful death include; reckless or drunk driving, neglecting commercial or residential premises, manufacturing dangerous or defective items, and dog bite cases.
Filing a Wrongful Death Lawsuit
Although the deceased children, spouse, or extended family members suffer losses, they may not qualify to file a wrongful death claim. However, the decedent’s estate representative is legally qualified to file the case. The individual must be appointed by the court.
The surviving family has a right to challenge the appointed representative.
Wrongful Death Compensation
Typically, the damages offered in a wrongful death lawsuit include a settlement for the family’s financial losses like medical bills, burial, and funeral costs. However, you can seek additional compensation for other losses such as;
- Loss of income/benefits the deceased would have if they had survived
- Loss of companionship/mental anguish suffered by the family after the death (consortium claims)
- Child and spousal consortium claims
- Pain & suffering of the deceased after the accident but before death
Family members who receive compensation include the departed’s parents, children, and spouse. Pursuant to KRS 411.130 (b), if the deceased is married and has children, then half of the damages will be awarded to the spouse and the other half will be awarded to the children of the deceased.
Statute of Limitations for Wrongful Death Lawsuit
In most cases, the time limit to file a wrongful death lawsuit in Bowling Green is one year from the date of the death or from the time the personal representative is appointed. If a personal representative is appointed more than one year from the date of the death, the lawsuit must be filed within two years from the date the personal representative is appointed. These time limits can be confusing, which is why it is best to discuss your case immediately with a Bowling Green wrongful death lawyer.
Filing on Behalf of an Incapacitated Victim
You can file a personal injury lawsuit on behalf of a victim with mental or physical disabilities. The court allows you to make legal, financial, and medical decisions while representing the injured person with court approval.
What Should You Know Before Filing a Personal Injury Claim?
Filing a personal injury lawsuit on behalf of another person can be challenging. It’s also difficult to tell how things will unfold. However, below are some facts that you should know before pursuing a case.
Personal Injury Claims Protect the Victim
After the victim suffers serious injuries, they face numerous challenges, including pain, medical expenses, and lost income. Fortunately, personal injury lawsuits exist to protect the injury victim’s rights. Through a settlement or trial and with the input of a personal injury attorney, the victim will receive compensation from the defendant.
Consult a Personal Injury Lawyer
Working with a knowledgeable and experienced personal injury lawyer is an excellent idea. A lawyer will ensure that you don’t reveal too much information to the defendant’s insurance company. The right attorney can also help you prepare relevant documents, navigate the legal procedure, and pick witnesses. At Flora Templeton Stuart Accident Injury Lawyers, we have handled wrongful death cases for over 46 years and can walk you through the legal process.
Personal Injury Lawyers Negotiate for Maximum Compensation
Individuals who hire a personal injury lawyer often receive more compensation compared to those who file on their own. Personal injury attorneys value claims accordingly and can effortlessly bargain for the best deal. If the insurance company fails to settle, your lawyer will handle the trial case before the jury and judge.
You can pursue a personal injury case out of court or through trial. If the insurance company fails to offer compensation, you can recover the damages through court. However, the entire process isn’t a walk in the park, especially if you aren’t an expert in legal matters.
Contact Flora Templeton Stuart accident injury lawyers today if you’re looking for a personal injury attorney in Bowling Green, KY. We will help you file a personal injury lawsuit on behalf of another person and negotiate for maximum compensation. Those who are able can visit our office at 607 E 10th Avenue in downtown Bowling Green. If your injuries prevent you from traveling, we will meet you in your home, at the scene, or in the hospital.