Yes, you can hire a personal injury lawyer for someone else, but only under specific legal circumstances. In Texas, you may act on another person’s behalf if you are a parent filing for a minor, a legal guardian or power of attorney holder acting for an incapacitated adult, or an estate executor filing a wrongful death claim.
Which scenario applies to you depends on the injured person’s legal status and your relationship to them. Each situation comes with different legal requirements and a different process for moving the claim forward.
Three relationships give you legal authority to hire a personal injury lawyer for a family member on someone else’s behalf. Without one of them, you cannot sign contracts or make binding decisions on the injured person’s claim.
A parent or legal guardian can retain an attorney and manage a personal injury claim for a child under 18. The child is the actual client, but the parent holds the authority to make legal decisions. Texas courts may require a guardian ad litem to review any settlement to confirm it serves the child’s interests.
A valid power of attorney that covers legal decisions, or a court-appointed guardianship, gives you the authority to hire and direct an attorney for a personal injury claim on behalf of an adult who cannot manage their own legal affairs.
When the injured person has died, the executor of the estate or eligible family members can file. Texas law allows spouses, children, and parents to bring a wrongful death claim on behalf of a family member killed by another’s negligence.
These authorization rules apply uniformly across Texas. Texas accident victims and Arlington personal injury lawyers see these same three scenarios in virtually every case where a family member steps in.
Parents and legal guardians hold the authority to retain an attorney and manage every stage of a child’s personal injury lawsuit. Court approval is not required to hire an attorney or file, but it does become required once a settlement is reached.
Texas requires court approval for any minor’s settlement above a set threshold, typically $10,000 net. The court appoints a guardian ad litem to review the terms and confirm that the settlement reflects the child’s best interests. For larger amounts, Texas law may also require a conservatorship to hold the funds until the child turns 18.
One practical advantage: the statute of limitations is tolled until the minor’s 18th birthday. The two-year filing clock does not start until then. Our guide to the personal injury claims process in Texas covers the full timeline and steps involved.
Before speaking to any insurance adjuster, consult an attorney. Adjusters contact parents early, and anything you say can affect the claim.
Filing a personal injury claim for an incapacitated person requires documented legal authority. Two paths establish that authority, and which one applies depends on whether the injured person planned by creating a power of attorney before becoming incapacitated.
If a power of attorney exists:
If no power of attorney exists:
The attorney you retain will review the POA or guardianship order before proceeding. Personal injury lawyers who handle these cases know exactly what each document must say and can flag gaps before they stall the claim.
Two separate legal claims can arise when someone dies from another party’s negligence: wrongful death and survival actions. They compensate different parties and recover different damages.
Texas wrongful death claims have specific eligibility rules that determine who can file and when. The two claims differ in what they recover, and that distinction is explained directly in how survival actions differ from wrongful death claims.
Both claims carry a two-year statute of limitations from the date of death.
Attorney-client privilege belongs to the injured person, not to you. Even if you hired the attorney, paid the retainer, and attended every meeting, the privilege runs between the attorney and the client they represent.
What that means in practice:
Three situations create a formal exception:
If you are included in attorney-client communications without one of these formal bases in place, those communications may lose their privileged status. Tell the attorney your role upfront so the relationship is structured correctly from the start.
You need four things to move a loved one’s claim forward: their records, your legal authority, the right questions, and a clear understanding of what you can sign.
Gather the documentation first. Collect the accident report, all medical records and bills, insurance policy information for every party involved, and any photos or witness contact details from the scene. Request these from the relevant agencies if the injured person cannot do it themselves.
Attend the initial consultation with authority. Bring any POA documents, guardianship orders, or proof of your relationship to the injured person. The attorney will confirm your authority to act before discussing the case in detail. Come prepared with a clear timeline of what happened and what treatment has been received so far.
Understand what you can and cannot sign. If you have POA or guardianship, you can sign retainer agreements, authorize medical record releases, and accept or reject settlement offers. Without formal authority, you cannot bind the injured person legally to any document.
Ask the right questions before committing. Before hiring anyone, read about whether to hire a personal injury lawyer and what that relationship involves. On contingency, the attorney’s fee comes from the settlement or verdict, not from you directly, but fees and case costs still affect the net recovery.
Thompson Law offers a Free Consultation with No Fee Unless We Win for families managing a claim on behalf of someone else. Whether you are a parent, a POA holder, or a surviving family member, we can review the situation, confirm your legal authority, and tell you exactly what the next step looks like. Contact us, and we will walk you through it.
Yes. You can make the initial call, describe the situation, and schedule a consultation on behalf of an injured family member. You do not need legal authority to gather information or ask questions. You require it to sign documents and make binding decisions.
Only under specific circumstances. A parent can sue on behalf of a minor child. A person with power of attorney or a court-appointed guardian can sue for an incapacitated adult. A spouse, parent, or child can file a wrongful death claim after a family member dies.
A power of attorney is a document that the injured person signed before becoming incapacitated. Legal guardianship is a court appointment made after incapacity occurs. Both give you authority to direct a personal injury claim, but guardianship requires a court process that can take weeks or months to complete.
A Texas court must approve any settlement involving a minor. The court appoints a guardian ad litem to review whether the settlement serves the child’s interests. Funds above a certain threshold are typically held in a conservatorship until the child reaches the age of 18.
No. If the injured person is incapacitated or a minor, you can attend the initial consultation alone. Bring documentation of your legal authority, a timeline of the incident, and all available medical records.
Sí. Atendemos casos en español en Texas, incluyendo situaciones donde un familiar necesita actuar en nombre de otra persona. Si quieres hablar con alguien sobre tu caso, contáctanos para programar tu consulta gratis. No cobramos a menos que ganemos tu caso.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $2.1 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
