Most of the time, the victim is the one who files a personal injury claim after an accident. However, in some cases, such as when the victim’s physical or intellectual disability renders them unable to do so, you may be wondering if a loved one can file the claim on their behalf. If your loved one is unable to fight for their rights due to a disability, you may be able to represent them as a guardian.
In order to represent your loved one legally, you will need to be appointed as their guardian. If they suffered from the disability before the accident, your family may already have made arrangements in anticipation of such an occurrence. Most often, individuals who require guardians are seniors and adults with developmental disorders who are unable to handle their own affairs due to a disability or condition.
In order for this arrangement to be recognized, medical documents certifying the individual’s physical disability or mental acuity have to be presented. These documents have to be recent, although the exact time period varies by state. Evidence must be presented that appointing a guardian will be in the best interests of the individual. However, in the case of an accident that happened suddenly, an emergency guardian may be appointed on shorter notice. There is a time limit to how long temporary guardianship lasts and after that period of time has elapsed, the court will determine if permanent guardianship is necessary and/or in the individual’s best interests.
Understanding Personal Injury Claims
Typically, personal injury claims are made to reimburse the victim for the losses they endured as a result of an accident. This is paid by the liable party’s insurance company, and the process starts with filing a claim. Always contact your attorney directly after an accident – oftentimes, insurance companies will offer low settlement amounts which you may not know how to counter, even if you think you deserve more.
Below are just some of the expenses you can be reimbursed for following an accident:
- Medical bills
- Cost of rehabilitative treatment and medical equipment
- Loss of wages
- Pain and suffering, which includes emotional trauma and diminished quality of life amongst others
- … and more
Without adequate compensation to absorb these costs, victims and their families can find themselves financially burdened on top of having lost a source of income. That is why you should always fight to maximize your compensation after an accident and if a loved one is unable to do so for themselves, ensure that arrangements are in place to help both them and you.
Choose Corradino & Papa, LLC For Personal Injury Accident Representation and Compensation
Have you or a loved one suffered injuries due to an accident? If so, the best course of action is to seek legal advice immediately. The experienced attorneys at Corradino and Papa, LLC can represent you and advocate to maximize the compensation you receive. Contact us today for a free consultation.
Disclaimer: Results may vary depending on your particular facts and legal circumstances.