Filing a Lawsuit for a Family Member

Asking questions for a relative

You can call a law firm or fill out a case review form about a relative. Describing what happened takes no paperwork. Intake staff will ask how you are related and why you are calling in place of the injured person.

Before anyone files a case, the lawyer has to work with the person who holds the right to bring the claim. Sometimes that person is you. Often it is your relative, or someone a court or a document puts in charge.

When your relative can make decisions

If your relative is alive and able to make their own decisions, the claim is theirs. You can gather records, join calls and keep track of dates. Your relative still needs to speak with the lawyer and sign the agreement.

Medical records work the same way. Your relative can sign a form that lets the lawyer, or you, get copies. That form is often called a HIPAA authorization.

When your relative cannot make decisions

Some people are too sick to manage their own affairs. Others have dementia, a brain injury or another condition that affects their judgment. Two kinds of authority come up most often in that situation.

• Power of attorney. A document your relative signed earlier, naming someone as their agent. A durable power of attorney keeps working after the person can no longer decide for themselves. Whether it covers a lawsuit depends on its wording, so the lawyer will want a copy.
• Guardianship or conservatorship. When there is no power of attorney, a court can appoint someone to act for the person. States use different names for this role.

A power of attorney ends when the person who signed it dies. After a death, the estate rules described below take over.

When the injured person is a child

A parent or legal guardian usually brings a claim for a child under 18. In many states, a judge has to approve any settlement of a child’s claim. The money is often held in a protected account until the child turns 18.

Many states pause the filing deadline for a child until age 18. Some states limit that pause, especially for certain kinds of claims. Ask a lawyer about the deadline early instead of counting on the pause.

When your relative has died

When someone dies from an injury, the law usually recognizes two kinds of claims.

• A wrongful death claim. This covers the family’s own losses, such as lost income, lost care and the loss of the person’s company.
• A survival claim. This is the claim the person could have brought if they had lived, such as for medical bills and pain before death. It belongs to the estate.

In many states, the personal representative of the estate brings both claims. Some states let certain family members file the wrongful death claim directly.

What a personal representative is

The personal representative is the person in charge of the estate. If there is a will, it usually names an executor. Without a will, a probate court appoints an administrator, often a spouse or an adult child. The court issues a document that proves the person’s authority. It is often called letters testamentary or letters of administration.

An estate that has not been opened yet usually does not stop you from asking for a case review. The lawyer can explain whether one needs to be opened and who should serve. Some states offer simpler steps for small estates.

Deadlines after a death

A death can start a new clock. In many states, the wrongful death deadline runs from the date of death. The survival claim may run from an earlier date, such as when the injury happened or was diagnosed.

If a deadline was already running before the person died, some of that time may be gone. Each state sets its own rules, so the date of death and the date of diagnosis both matter. You can read more about how filing deadlines work.

What intake staff usually ask

When you call for someone else, expect questions like these.

• Your relationship to the injured person, and why you are calling for them.
• Whether you hold a power of attorney.
• Whether the injured person is married, widowed or divorced, and the spouse’s name.
• If the person has died, the date and cause of death and where they lived at the time.
• Whether an estate has been opened, and who the personal representative is.
• Whether the injured person already has a lawyer for the same injury.

Having these answers ready shortens the call. If you do not know one, say so. The intake team will tell you what they still need.

Papers to gather

• A copy of any power of attorney or guardianship order.
• The death certificate, if your relative has died.
• The will, if there is one, and any court papers naming a personal representative.
• Medical and pharmacy records for the injury.
• A short timeline showing when the product or drug was used, when symptoms started, and key treatment dates.

For more on records, see what evidence helps a lawsuit and how mass torts work. If your relative lost vision in one eye after a GLP-1 drug, see Ozempic and vision loss lawsuits.

Frequently Asked Questions

Can I file a lawsuit for my parent?

It depends on your parent's situation. If your parent can make decisions, the claim is theirs and you can help. If they cannot, a power of attorney or a court appointment usually decides who acts for them. If they have died, the personal representative of the estate usually brings the claim.

Does a power of attorney let me file a lawsuit?

It may. A durable power of attorney that covers claims and litigation usually lets the agent act in a lawsuit. A lawyer will need to read the document itself. Every power of attorney ends when the person who signed it dies.

Who can bring a wrongful death claim?

In many states, the personal representative of the estate brings it on behalf of the family. Some states let a spouse, children or other relatives file it directly. The rules vary by state.

Do I need to open an estate before calling a lawyer?

No. You can ask for a case review first. The lawyer can tell you whether an estate needs to be opened and who should serve as personal representative.

Can I get my relative's medical records?

A living adult can sign a form that lets you get copies. After a death, the personal representative of the estate can usually request them.

Sources

• U.S. Department of Health and Human Services, Personal Representatives — who can get a person’s medical records on their behalf, including after a death.

State law controls who can act for an injured person. Confirm the rules for your state with a licensed attorney.