Can You Sue on Behalf of Someone Else in NY?

In New York, certain individuals are legally authorized to file a lawsuit on behalf of someone who cannot file for themselves. Parents or legal guardians may sue on behalf of a minor child injured in an accident. A court-appointed guardian or committee may act for an incapacitated adult. An estate administrator or executor can bring claims on behalf of a deceased person. The authorized representative must have proper legal standing before the lawsuit can proceed.

Yes. Under New York’s Estates, Powers and Trusts Law (EPTL §5-4.1), a wrongful death action must be brought by the personal representative of the deceased’s estate — typically an executor or administrator appointed by a Surrogate’s Court. The suit must be filed within two years of the date of death. Surviving spouse, children, and parents may be entitled to compensation for pecuniary losses caused by the death.

A parent or legal guardian files the lawsuit on behalf of the child as the child’s representative. In New York, minors cannot file suit in their own name. Importantly, the statute of limitations for a minor’s personal injury claim is tolled (paused) under CPLR §208 until the child turns 18, at which point the standard 3-year period begins. Any settlement on behalf of a minor requires court approval in New York to protect the child’s interests.

A guardian ad litem (GAL) is a court-appointed representative who protects the legal interests of a party who cannot represent themselves — such as a minor or an incapacitated adult. In New York personal injury cases, a court may appoint a GAL when the injured party lacks the legal capacity to participate in litigation. The GAL advocates for the protected party’s best interests throughout the case, including during settlement negotiations, and any resolution must be approved by the court.