Can I File An Injury Claim For A Loved One?

When the worst happens to a loved one, you may be left in shock and confusion regarding what you can do to help them. Of course, you want to be there for them in every possible way – but does this extend to taking their case to court? 

The good news is that it is possible to file a personal injury claim for a loved one in Oklahoma. Of course, some specific circumstances must be met first, but we wish to assure you that there is legal recourse for your loved one’s case. In this guide, we’ll discuss exactly what circumstances allow you to file a case on behalf of your loved one. 

But if this blog leaves you with more questions, you can always call us. Dial toll-free at (405) 397-1717 or book a free case review with one of our Oklahoma City wrongful death attorneys today.

Filing A Case On A Loved One’s Behalf In Oklahoma: What You Need To Know

Typically, the following three circumstances may cause you to file a case on a loved one’s behalf: 

The victim is a minor.

Under 12 OK Stat § 2025.1 (2023), parents or guardians can file suits on behalf of their children and recover damages. As the statute explains, “The parent or parents having the right to recover damages for an injury to a minor child may assign to said child their right to recover said damages, and where the parent or parents of a minor child bring an action as guardian or guardian ad litem or next friend on behalf of said child and ask for a judgment for him for damages to which said parent or parents are entitled, said parent or parents will be deemed to have assigned to the minor child their right to recover such damages.”

That passage means that if a child is injured and their parent sues on their behalf, the parents can give the child any money they get from the lawsuit.

The victim died from their injuries.

When an individual dies from the injuries sustained from an accident involving a third party, the personal representative of the estate can file a wrongful death lawsuit to recover damages. As 12 OK Stat § 1053 (2023) explains, “When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter.”

The victim is incapacitated. 

If the victim doesn’t die from their injuries but is incapacitated from catastrophic injuries (such as being in a coma or mentally unfit to make decisions), that also would allow someone else to file a suit on their behalf and recover damages. 

This typically requires the individual seeking damages to either receive power of attorney (POA), become the victim’s court-appointed guardian or conservator (guardian ad litem), or utilize the “next friend” doctrine, according to 12 OK Stat § 2017 (2023).

Contact Our Oklahoma City Wrongful Death Lawyers Today

We hope this guide helped illustrate the circumstances surrounding whether you can file an injury claim for a loved one. If you need additional support, we’re ready to answer your questions. Contact us at (405) 397-1717 or book a free consultation with us today.