When someone is seriously injured in a pedestrian accident, they may be physically or cognitively unable to pursue legal action on their own. As a loved one, you can step in to protect their rights and seek compensation on their behalf.
The personal injury claims process involves specific legal steps, and acting quickly can preserve vital evidence and strengthen the claim. Here’s how to undertake this responsibility with care and confidence.
Establish legal authority to act
To file a claim for someone else, you must have legal standing. This usually requires being appointed as a guardian ad litem or power of attorney. If the injured person is unconscious or otherwise incapacitated, a court may authorize you to act in their best interest. Medical documentation and a formal petition are often required to establish this authority.
Gather evidence and initiate the claim
Gather evidence like police reports, medical records, witness statements and any available video footage to help establish fault and document the injuries. File the claim with the at-fault party’s insurance company, and consider notifying the victim’s insurer. Make certain to file within the statute of limitations (2 years in California) for personal injury claims.
Don’t try to do it alone
When serious injuries are involved, just compensation is essential for the injured party’s future. Having a legal professional to guide you through the process, negotiate with insurers and help ensure legal compliance can strengthen the claim considerably. They can help you pursue damages for medical expenses, lost wages, pain and suffering and future care needs. Acting promptly and thoughtfully can help secure the justice and financial support your loved one deserves.