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Boone & Davis, Attorneys At Law Serving South Florida for over 35 Years
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Can I Sue On Behalf Of Another Person?

When people we love and care for are mistreated or injured due to the actions of other people, we may want to make sure they are ok, and seek justice for them in any way we can. In some cases seeking justice may mean filing a personal injury lawsuit so as to help pay for any medical bills or pain and suffering associated with the injuries suffered. Who can seek these damages under Florida law depends on several things.

The first question in determining if you should file a lawsuit on behalf of someone else is whether you have standing. This basically looks at whether you have the right to sue, or if you are the right person to be suing. For example, if the harm suffered was as a result of someone not doing something that was required in a contract, you may not necessarily be able to sue unless you are a legal representative of the person who suffered harm. You would not have anything to do with the agreement between the parties to the contract, unless you are a beneficiary in some transactions.

For cases involving the death of the person who was injured, you may be able to file a lawsuit for wrongful death based on the person’s injuries and subsequent death depending on your relationship with them. In Florida, a spouse, children, parents and others who depended on the deceased for support of a deceased person may bring a wrongful death lawsuit following the deceased passing as a result of negligence.

Therefore, if your loved one is an elderly person in a nursing home and having issues with the care provided, you would not generally have standing to sue based on the contract for services between the nursing home and your loved one. If you are the legal representative of the person receiving the care under the contract, you may have a right or an obligation to sue on their behalf. If the person dies as a result of the negligent care provided in the nursing home, then depending on your relationship, you may sue for wrongful death.

The parents or guardians of children can also generally bring lawsuits on behalf of their children or wards for injuries caused by others. Lawsuits can also be filed by a guardian for a person who lacks capacity, for example a person who lacks mental capacity.

If you suspect that your loved one is being mistreated or not receiving the proper care in a nursing home or another setting, talk to them and determine if you need to find better care for them. You can also contact the proper authorities to make inquiries. With the person’s consent, you may even accompany them to a consultation with an attorney so they can be advised of their rights.

Contact A Fort Lauderdale Personal Injury Attorney

If your loved one suffered an injury due to the negligence or actions of another person, contact an experienced personal injury attorney for a consultation. You may be able to recover compensation for their injuries or loss depending on your relationship. Consult the experienced Fort Lauderdale personal injury attorneys at Boone & Davis as soon as possible.

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