Not every accident involves one driver in each car, sometimes there are multiple passengers and sometimes there are even multiple cars. This type of complex fact scenario leads to questions about who to make a claim against, and who has the ability to bring a claim or file a lawsuit. Generally speaking the injured person is the one with authority to seek compensation for their damages. But there are instances where a lawsuit or claim can be made by a person that was not involved in the accident.
For example, if your minor child is involved in a wreck, you can bring a suit on their behalf. The same can be said for personal injury cases regarding your spouse. What these types of scenarios might involve, are the following:
- Seeking court approval to act as a guardian or next friend of a minor child.
- Having an adult, such as a spouse, declared unable to prosecute their own case. This may be the result of the injuries suffered, or may be due to a mental incapacity. In either case, you will need the assistance of a qualified personal injury attorney.
- Once these hurdles are overcome, you must act in the best interests of the person for which you are bringing a claim or filing a lawsuit.
There are also times when you may be able to make your own claim for damages suffered when your spouse was the victim, and you were not involved in the accident at all. The legal theory used to make these types of claims is based on the fact you suffer an emotional damage when your spouse is physically injured. The opposite is true as well, meaning any case your hurt partner brings can include a claim for damage done to the marriage or relationship as a result of the accident. If this sounds confusing, that’s because it certainly can be difficult. But with the assistance of a knowledgeable personal injury attorney, the issues are quickly identified and the proper claims made. If you or a loved one has been hurt in an accident, call us today for help.
If you or a loved one has been in an accident, call our office to learn your options. Let an experienced attorney help you figure what is best for you. Call a Bloomington, Minnesota personal injury attorney today.