Can Someone File a Personal Injury Claim on Your Behalf While You’re Hospitalized?

Updated on April 19, 2024

Being hospitalized following an injury due to another person’s negligence can be an overwhelming experience. In many cases, this leaves individuals incapacitated and unable to manage legal matters at a time when they need legal help more than ever. In such situations, the question arises: can someone else file a personal injury claim on your behalf? Understanding the legal intricacies surrounding this issue is crucial for ensuring that your rights are protected even when you’re unable to advocate for yourself. Here, we want to look at the options that are available to you, even when you can’t take care of them yourself.

Power of Attorney

One option for allowing someone to act on your behalf while you’re in the hospital is through a power of attorney (POA). A power of attorney is a legal document that grants another person the authority to make decisions and take actions on your behalf. However, it’s important to note that not all powers of attorney include the ability to pursue legal claims.


In cases where a person is incapacitated and unable to make decisions for themselves, a guardian may be appointed by the court to act on their behalf. A guardian can handle various aspects of a person’s affairs, including legal matters such as filing a personal injury claim. However, the process of establishing guardianship can be complex and typically requires court intervention.

Next of Kin or Family Members

Even without a formal power of attorney or guardianship arrangement, family members or next of kin may still have the ability to file a personal injury claim on behalf of an injured loved one. In many jurisdictions, certain family members, such as spouses or adult children have legal standing to pursue compensation for damages resulting from the injury to another family member.

Attorney Representation:

Hiring a personal injury attorney is often the most effective way to ensure that your legal rights are protected while you’re hospitalized. An experienced attorney can navigate the complexities of the legal system on your behalf, including initiating a personal injury claim and advocating for fair compensation for both economic and non-economic damages regarding your injuries. 

How Can Your Representative Help?

If you are incapacitated due to your injuries, having a representative while you’re in the hospital can provide you with peace of mind knowing that your legal matters are in capable hands. From initiating the claim to advocating for your interests, your representative will be there every step of the way to ensure that you receive the compensation you deserve for your injuries. Some of the most important things they can handle while you recover include:

Adhere To Time Limits and Statute of Limitations

As emphasized by the injury lawyers in Chester County, it is important to be mindful of time limits and statute of limitations when it comes to filing a personal injury claim. Depending on the jurisdiction and the type of injury, there may be strict deadlines for initiating legal action. Failing to file within the prescribed time frame could result in the forfeiture of your right to compensation. This is one of the reasons it is essential to hire the help of a personal attorney with knowledge of the statute of limitations in your area and how they pertain to a specific case. 

Collect Documentation and Evidence

Gathering evidence and documenting the circumstances surrounding the injury is crucial for the success of a personal injury claim. While you may be incapacitated in the hospital, your attorney or designated representative can take on this responsibility, collecting medical records, witness statements, and other pertinent evidence to support your claim. Any kind of evidence in a lawsuit is priceless in terms of the benefits it can have on a case and its outcome. 

Maintain Communication and Updates

Maintaining open communication with your attorney or designated representative is essential throughout the legal process. While you focus on your recovery, your representative can provide updates on the progress of your case and consult with you on important decisions, such as settlement offers or litigation strategies.

Protecting Your Interests

Ultimately, the goal of filing a personal injury claim on your behalf while you’re hospitalized is to protect your interests and ensure that you receive the compensation you deserve for your injuries. Whether it’s negotiating with insurance companies or litigating in court, having a dedicated advocate fighting for your rights can make all the difference in the outcome of your case.

Being hospitalized due to a personal injury can leave individuals feeling vulnerable and uncertain about their legal rights. However, it’s important to understand that there are avenues for pursuing a personal injury claim even when you’re unable to do so yourself. Whether it’s through a power of attorney, guardianship, or representation by a personal injury attorney, taking proactive steps to protect your interests can help you navigate the complexities of the legal system and secure the compensation you deserve.

The Editorial Team at Healthcare Business Today is made up of skilled healthcare writers and experts, led by our managing editor, Daniel Casciato, who has over 25 years of experience in healthcare writing. Since 1998, we have produced compelling and informative content for numerous publications, establishing ourselves as a trusted resource for health and wellness information. We offer readers access to fresh health, medicine, science, and technology developments and the latest in patient news, emphasizing how these developments affect our lives.