However, there will be instances that the victim can be heavily injured and can’t fight the battle on their own. There are plenty of questions, such as “What will happen next?”, “Will he/she get justice after all?” and more importantly, “Can someone else file a personal injury claim on behalf of them?” To answer and help you with the last question, it can certainly be done.
Take a look at this guide so you can understand the various steps that need to be taken.
Establishing Your Guardianship
If the injured person cannot make any decisions such as medical and legal judgment on their own, the court will assign a guardian to stand in for them. If you don't establish your guardianship, you can't file a personal injury claim for the victim. You have to provide background information and other details to the court before they approve your guardianship and, furthermore - give you the right to sue. If the guardianship is already established and you are already named as the legal guardian, you can easily proceed to the next step.
Gathering Evidence
The documentation of the events and proofs of what occurred will be the strongest key when filing a claim. You have to gather all the evidence so you can prove that your loved one has the right to compensation. Start with property damage documentation, CCTV of what happened (if applicable), and dashboard cam if there's vehicle damage. CCTV's and dashboard cameras are very common not only in the United States but in every part of the world, and that will make it easier for you to obtain these.
Next are photos or videos of the victim's accident and injuries, followed by medical bills and records. Also attached expense receipts, insurance documents, proof of lost wages, and prognosis of recovery. How much compensation you can demand and get will depend on how well and how extensive the evidence is.
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Communicating With the Other Party
This step is crucial, and you should seek legal counsel to help you communicate with the other party. Road accidents such as car, truck, and motorcycle accidents are the most common reason for injuries caused to other people. Massachusetts, Maine, Maryland, Rhode Island, New Hampshire, and South Carolina are in the top states this 2020 with most road accidents. The Greensboro legal experts mention that if you can prove that the four core components to a negligence claim are present, you can try and resolve it by a settlement. The talk should be between the plaintiff (the person who filed the claim) and the insurance company or any legal counsel of the defendant (the person against whom the claim is filed).
As mentioned, it is crucial that you have a legal representative to handle all the communication for you. This is to ensure that all of the information is correct and to protect you from doing or saying anything that can affect your claim.
Preparing Your Case For Trial
Not all claims can make it into a trial, but if the settlement didn't work. You should start preparing everything to hold the responsible party accountable. As previously discussed, look for a law firm that will help you stand up for your rights and help you pursue the justice and compensation you deserve.
If another person's wrongdoing has seriously injured your loved one, it is fair to fight for them. The accident alone is traumatising for them, and a legal battle should not add to a burden. Research or ask for legal help to make everything easier for you. This way, you can ensure that someone is fighting for you and will do everything for you and your loved one.
