Can I start a lawsuit for an injured family member?

When a family member is injured, the legalities of taking action can be tricky. If you’re considering filing a lawsuit on their behalf in Texas, whether it’s for medical expenses or pain and suffering, there are certain criteria to consider first. You must establish your legal standing as well as capacity before proceeding with litigation, which further depends upon what kind of bond exists between yourself and the injured family member.

Factors That Give You Legal Standing:

To start a lawsuit on behalf of an injured family member in Texas, you must have legal standing, which means you must have a direct interest in the outcome of the case. There are several factors that can give you legal standing, including:

• Being the spouse of the injured family member
• Being the parent of a minor child who was injured
• Being the legal guardian of the injured family member
• Being the executor or administrator of the injured family member’s estate if they have passed away

If you meet any of these criteria, you may have legal standing to start a lawsuit on behalf of your injured family member.

Factors That Would Limit an Injured Family Member’s Capacity to File Their Own Lawsuit:

In some cases, the injured family member may be capable of starting their own lawsuit but may be unable to do so due to various factors. For example, they may be in a coma or unable to communicate due to their injuries. In these situations, someone with legal standing may be able to start a lawsuit on their behalf. However, a person’s capacity to file their own lawsuit may not be limited solely by their physical condition. Mental health issues or disabilities may also impact their ability to file a lawsuit.

Cases in Which a Spouse Can Start the Lawsuit:

In Texas, a spouse may be able to start a lawsuit on behalf of their injured partner, even if the injury was caused by someone else’s negligence. This is because Texas is a community property state, which means that spouses have an equal ownership interest in each other’s property. If one spouse is injured, the other spouse may be able to recover damages for loss of companionship and other related losses.

A spouse cannot start a lawsuit on behalf of their injured partner if the injury was caused by the spouse’s own negligence. Additionally, a spouse cannot recover damages for their own physical injuries unless they were also injured in the same incident.

If you have legal standing and your injured family member is unable to file their own lawsuit, you may be able to start a lawsuit on their behalf in Texas. However, it’s important to consult with a qualified personal injury attorney to determine your options and ensure that your loved one receives the compensation they deserve.