At the David W. Martin Law Group, our South Carolina personal injury attorneys know there is a lot of confusion when pursuing an at-fault party for damages that occurred because of their negligence.
Whether it is a vehicle collision, slip and fall incident, or negligent security circumstances, if someone is injured because of another person’s negligence, they should be eligible to pursue the person, party, or entity for the financial compensation necessary to cover their economic and non-economic damages.
The question is, what if that person is your spouse, partner, sibling, or child? Can you pursue a personal injury claim if their injuries have prevented them from filing a claim on their own?
We have answers.
Can I File a Personal Injury Claim on Behalf of a Family Member in South Carolina?
In South Carolina, family members cannot file a personal injury claim for a loved one without legal authority. Personal injury claims are typically brought by the injured party themselves, or in cases involving minors or individuals who are incapacitated, a legal guardian or parent may bring the claim on behalf of the injured party.
Here are some key points to consider:
- Adults
If the injured person is an adult and is mentally competent, they are typically the only ones who can file a personal injury claim for their injuries. In cases where the injury victim cannot do so due to incapacitation, a legal guardian or someone with power of attorney may file on their behalf.
- Minors
In the case of minors — considered individuals under 18 — their parents or legal guardians usually have the authority to file a personal injury claim on their behalf. Children cannot enter legal contracts or make legal decisions independently.
- Wrongful Death
If a family member has tragically lost their life due to someone else’s negligence or wrongful actions, the deceased person’s estate may bring a wrongful death claim.
Not everyone is eligible to pursue a wrongful death claim in South Carolina.
Those who are eligible include:
- The surviving spouse and children.
- The surviving parents if there is no spouse or child.
- The legal heirs of the deceased if there are no parents, spouse, or children.
Contact Our Personal Injury Attorneys Today
Consulting with an attorney specializing in personal injury law in South Carolina is the best next step if your loved one was injured or lost their life to negligence. We can provide guided options available to you based on the unique circumstances of your situation.
Call 803-548-2468 or contact us online to learn more about your legal rights and options to pursue the best outcome for your unique case by partnering with our dedicated South Carolina personal injury attorneys at the David W. Martin Law Group today.
