Car crashes are a leading cause of severe injury in the United States. People can damage their spines or injure their brains. In some cases, an injured person may remain incapacitated for weeks after a crash. They might also experience indefinite incapacitation if there is a brain injury involved.
Those who are unconscious or otherwise incapacitated after a crash are not in a position to navigate the legal system. However, they may have mounting expenses related to their medical care. The family may have sustained significant property damage losses. There may also be lost wages to address. Waiting until their recovery or passing could leave a family struggling to cover basic expenses, especially if car insurance isn’t enough to address the total losses.
Can the family members of an individual incapacitated by a car crash pursue a personal injury lawsuit on behalf of the injured party?
Legal authority is necessary for litigation
People generally take legal action on their own behalf when they assert that another party is to blame for serious financial setbacks. In scenarios where the injured party is a child and the concerned family members are parents, it may be possible to pursue a personal injury lawsuit on behalf of the incapacitated minor without taking additional steps.
When the incapacitated person is an adult, the matter becomes a bit more complicated. The simplest solution requires prior action on the part of the incapacitated party. If they previously signed power of attorney documents designating a family member as their agent or attorney-in-fact, the empowered individual can initiate litigation on their behalf during their incapacitation.
Without pre-existing powers of attorney, those hoping to file a personal injury lawsuit must go to court first. They must pursue guardianship over the incapacitated person to take legal action on their behalf.
The courts can facilitate guardianship in scenarios where an individual has experienced protracted incapacitation due to traumatic injuries. Once family members have the necessary legal authority, they can then begin calculating damages and preparing for the legal process of seeking compensation.
Reviewing the circumstances of a recent car wreck with a skilled legal team can help concerned family members understand their options. Concerned family members can often take action on behalf of an injured person if they follow appropriate procedures and their circumstances meet certain criteria.