Sometimes, injuries are so severe that the victim is left unable to communicate. While some people recover from incapacitating personal injuries that leave them unable to communicate, others do not; in some cases, damage may be permanent.
If your loved one has sustained an injury type that leaves him or her critically injured and unable to express their wishes, you may be able to file an injury claim on behalf of a family member. First, though, you will have to establish yourself as that person’s legal guardian.
Guardianship is determined in probate court and is intended to promote and protect the well-being of an incapacitated person. An application for guardianship must be filed with the court. After filing, a hearing will be scheduled in which a judge will determine whether or not guardianship will be granted. There are a few different types of guardianship, listed below.
An entity can also be appointed as a guardian.
If the guardianship is established, then the guardian of the ward—the person who is severely injured and unable to communicate—may file a personal injury claim.
How to file a personal injury claim on behalf of a loved one follows the same process as would one where the injured individual is filing on his or her own behalf, such as proving the following.
Seeking help from a lawyer when filing a personal injury claim—especially in a case type where the victim is unable to communicate and guardianship must be established—may be necessary. Establishing guardianship can be a complicated legal process, and you will have to prove that the injured person is incapacitated and unable to care for him or herself. In filing your personal injury claim, an attorney can help you to substantiate all of the required elements of proof.