Filing a Lawsuit for Someone Else

When a personal injury occurs, the path to justice can be complicated. It only gets worse when the victim cannot file a lawsuit on their own. This is often the case for a minor who has been injured or when a family has lost a loved one due to someone else’s negligence. In these situations, a trusted individual must step in to act on the victim’s behalf.

Filing a personal injury lawsuit for another person involves specific legal procedures and requirements. Whether you are a parent seeking compensation for your child’s injuries or a family member pursuing a wrongful death claim, understanding your legal rights and obligations is the first step. 

The personal injury attorneys at Lenahan & Dempsey have a long history of navigating these sensitive cases, helping families secure the compensation and justice they deserve. This guide will explain the essential steps for filing a lawsuit on behalf of a minor and in cases of wrongful death.

Filing a Lawsuit for an Injury to a Minor

When a child is injured due to another’s negligence, they do not have the legal capacity to file a lawsuit. A parent or legal guardian must initiate the legal process for them. This role is formally known as acting as the child’s “next friend.” Here are the key steps and legal considerations involved.

Steps to File a Lawsuit

• Gather Evidence: Your first priority should be to collect all relevant evidence related to the child’s injury. This includes medical records, hospital bills, photos of the injury and the scene of the accident, police or incident reports, and the contact information of any witnesses.
• File as the “Next Friend”: As the parent or legal guardian, you will file the personal injury lawsuit on the minor’s behalf. This gives you the legal authority to act for your child throughout the legal proceedings. While you, as the parent or legal guardian, have the right to make decisions for your child, the court cannot recognize you as the child’s decision-maker without this filing. Our attorneys can help you with this step, and even file on your behalf.

Navigating these procedures requires legal knowledge. A skilled personal injury attorney can manage the legal complexities, advocate for the child’s best interests, and ensure all deadlines are met.

Filing a Wrongful Death Lawsuit

Losing a loved one is a devastating time for anyone, especially when their death was caused by someone else’s wrongful actions or negligence. A wrongful death lawsuit allows surviving family members to seek compensation for their losses. The process involves several critical steps.

Steps to File a Lawsuit

1. Determine Your Right to File: State laws specify who is eligible to file a wrongful death claim. Typically, this includes the deceased’s spouse, children, and parents. In some cases, a legal representative must be appointed for the deceased person’s estate to file the lawsuit.
2. Gather Evidence: To build a strong case, you must prove both negligence and damages. Evidence of negligence shows that the defendant’s careless actions directly caused your loved one’s death. Evidence of damages includes documentation of financial and emotional losses, such as lost income, medical bills, funeral expenses, and the loss of companionship.
3. Consult Our Wrongful Death Attorney: The statute of limitations for wrongful death claims is strict. Consulting with one of our attorneys as soon as possible is essential to protect your right to file. A qualified wrongful death lawyer will have the resources to investigate the case, build a compelling claim, and navigate the legal system on your behalf.
4. File the Complaint and Serve the Defendant: The lawsuit officially begins when a formal complaint is filed with the court. This document outlines the allegations against the defendant. The defendant must then be formally notified of the lawsuit through a process called “service of process.” From there, your attorney can negotiate a settlement or represent you in court if a fair agreement cannot be reached.

Why Choose Lenahan & Dempsey?

When your family is facing a tragedy, you need a law firm with a long-standing history of successfully representing clients throughout Pennsylvania. At Lenahan & Dempsey, we are recognized by judges, peers, and leading law publications for our dedicated work on behalf of those harmed by negligence.

Our firm is listed in Best Law Firms in America and holds a Tier 1 ranking, the highest rating possible. We are proud to have eight lawyers listed in Best Lawyers in America and eight named as Pennsylvania Super Lawyers. Three of our attorneys — Firm President John R. Lenahan, Jr., Managing Partner Timothy G. Lenahan, and lawyer Matthew Dempsey — are included in the Top 100 Lawyers in Pennsylvania.

Furthermore, Timothy G. Lenahan was named Best Lawyers in America’s Top Insurance Lawyer for his work representing injured individuals against large insurance companies in Northeastern/Central Pennsylvania and the Pocono Mountains. His previous recognition as the region’s Top Personal Injury Lawyer highlights our firm’s commitment to fighting for the rights of injured people.

Pursue the Justice Your Family Deserves

Filing a personal injury lawsuit on behalf of a minor or a deceased loved one is a significant undertaking. The emotional and legal challenges can be overwhelming. Having a skilled and compassionate legal team by your side can make all the difference.

With conveniently located offices in Scranton, Berwick, Tunkhannock, and the Pocono Mountains region, we are committed to helping clients pursue justice throughout Northeastern/Central PA and the Pocono Mountains Region and surrounding counties including cities and towns such as Pittston, Wilkes-Barre, Scranton, Clarks Summit, Dallas, Kingston, Blakeslee, Wyoming, Dunmore, Carbondale, Nanticoke, Bloomsburg, Hazelton, East Stroudsburg, Mountaintop, Jessup, Forest City, and more. 

If your child was injured or you lost a family member due to someone else’s negligence, contact Lenahan & Dempsey today. Our attorneys will help you understand your options and pursue the justice and compensation your family deserves.

*Best Lawyers in America and Best Law Firms are trademarks of Woodward White. Super Lawyers and Top 100 Lawyers in Pennsylvania are trademarks of Thomson Reuters. Both trademarks are used with permission. Details on settlements and verdicts are found at LenahanDempsey.com. All law firms are required to note that because the facts of each case are different, past performance is not a promise of a future outcome.