How to Sue on Behalf of a Family Member Who Was Injured or Killed

March 28, 2024
Wrongful Death

If a family member is injured or killed due to negligence, under the wrongful death statutes you may need a lawyer's help to make an injured person or wrongful death claim. In wrongful death settlements, possible compensation can include loss of companionship, burial expenses, intangible losses, mental anguish, economic loss, loss of affection, loss of affection, out-of-pocket expenses, funeral costs, financial compensation, and the assistance of a wrongful death lawyer.

Here are the steps to prepare for an injury or wrongful death damages claim: gather documents, talk with a lawyer, file a complaint, serve notice, collect evidence, and pursue settlement or trial. Suing an insurance company for punitive damages on behalf of a family member, domestic partner or minor children is serious and requires time, effort, and an experienced wrongful death action attorney.

Seek justice and monetary losses compensation with the help of Marks Law Group's wrongful death attorneys.

Establishing a Personal Representative

When a family member is injured or killed, it can be hard to understand the wrongful death laws legal process. To start a lawsuit for them, you must first establish a personal representative. This person is appointed by the court to represent the injured or deceased party in any legal proceedings. The personal representative can be a family member or someone else, depending on state laws.


Sometimes, it can even be a court-appointed personal injury lawyer. The personal representative will file the personal injury lawsuit complaint and handle the case until it is finished.

What is a Personal Representative

A Personal Representative is an individual appointed by a court to manage the estates of deceased persons. The personal representative may also represent the interests of any minor beneficiaries and has a duty of care for settling all claims against the estate, including those arising from injury or death.

They are required to perform many administrative tasks, such as filing probate paperwork, filing taxes, and distributing assets to heirs. Depending on the size and complexity of the estate, the personal representative may need to hire additional professionals such as appraisers or accountants.

Determining Qualifications for Personal Representatives

When a family member is injured or killed due to someone else's actions, a lawsuit can be filed on their behalf. To file the lawsuit, someone needs to be appointed as the personal representative of the injured or deceased person.

Learn More: Can I receive compensation for mental and emotional trauma?

To determine who should be appointed, certain qualifications must be met. The chosen personal representative must meet the qualifications set by state law, which typically include being over 18 and having no criminal record. They must also be familiar with the circumstances of the injury or death and be able to handle the legal proceedings on behalf of the injured or deceased person.

Benefits of Having a Personal Representative

Having a personal representative in a case involving injury or death is beneficial for the family. They ensure proper and efficient handling of legal matters. The representative represents the best interests of the deceased or injured family member and protects their legal rights and entitlements.


They act as a buffer between the family and the legal system, especially in complex or emotionally charged cases. The representative provides support and guidance, ensuring the correct and timely filing of necessary documents. They also offer emotional support to the family during this difficult time.

Understanding the Statute of Limitations

Understanding the Georgia Statute of Limitations is important when it comes to suing on behalf of a family member who was injured or killed. This is because the statute of limitations sets forth the time limit in which an individual can bring legal action against another party.

Generally speaking, the statute of limitation for personal injury claims and wrongful death lawsuits is two years from the date of injury or death.

What is the Statute of Limitations?

The Statute of Limitations is a legal provision that sets a specific timeframe for individuals to initiate legal action against another person for negligent actions. Its purpose is to ensure prompt filing of claims and protect defendants from defending against outdated claims with limited evidence or unreliable witness testimony.

FAQ: Is vehicular manslaughter considered wrongful death?

In the United States, for civil lawsuit cases involving the injury or death of a family member, the statute of limitations is typically two years from the date of the incident. Failure to file a notice of claim lawsuit within this timeframe may result in the case being barred by the statute of limitations and unable to be pursued.

How Does it Affect the Outcome of the Case?

When a family member is injured or killed due to someone else's negligence, it can be emotionally draining for the surviving family members. Understanding the legal process and taking action on behalf of their loved one can be confusing. Knowing the stakes and the impact of suing on behalf of a relative can help families make informed decisions and receive proper compensation.

The statute of limitations for a wrongful death recovery claim is crucial when considering legal action.

Establishing When The period Begins and Ends

When filing a wrongful death or personal injury claim, it's crucially important for family members and financial dependents seeking damages in court. The statute of limitations determines the timeframe for filing such claims. For wrongful death cases, the usual period is two years from the date of death. For personal injury cases, it's typically two years from the date of injury. Family members need to file a claim on behalf of someone else, carefully considering the circumstances and determining the start and end of the period.


In some cases, the statute may be extended due if there was fraud or misrepresentation, or if additional parties are responsible for the injury or death. 

Gathering Necessary Documentation & Evidence for Your Case

If you are considering filing a lawsuit on behalf of a family member who was injured or killed, it is important to gather all necessary documentation and evidence for your case. This includes documentation from medical expenses records, police reports, witnesses’ testimonies, and any other relevant information that can help prove wrongful death from the responsible party who was negligent in their actions.

Medical Records: It is important to collect any medical records that are related to the injury or death of your family member. This includes diagnoses, treatment recommendations, and any medical bills associated with the injury or death.

Police Reports: If a police report was filed in connection with the incident, it is important to collect a copy of the report. This will provide an official account of the incident which can be used as evidence in court.

Witness Statements: It can be beneficial to collect witness statements from anyone who saw the incident occur or who had knowledge of the circumstances leading up to it. These statements can help prove fault in the case and provide valuable evidence for your claim.


Expert Witnesses: Depending on the nature of the case, it may be beneficial to hire an expert witness to testify as to the cause of death or injury and the resulting damages. Expert witnesses can provide valuable insight into complex legal issues and can help strengthen your case.

Types of Evidence Needed

When preparing to sue for a family member's injury or death, gather evidence to support your claim. This includes proof that the injury or death resulted from someone's negligence. Types of evidence needed include physical proof like medical bills, police reports, photos, and videos; witness testimony to explain the incident; and expert witness testimony for complex legal issues or determining the cause of death/injury.

Contact Marks Law Group Today!

When a family member is injured or killed due to someone else's negligence, the damages to the injured party and the deceased's family can be devastating. Medical treatments, loss of income, and other financial burdens may arise. In these situations, families have the right to take legal action against the responsible parties.

If you or someone you love has been injured or killed due to negligence, it is important to contact an experienced personal injury attorney. They can explain your legal rights and fight for justice and compensation.

At Marks Law Group, our experienced attorneys are dedicated to holding those responsible accountable. Contact us today for more information on how we can assist you.