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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.

Understanding Guardianship

 

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.

  • Guardian ad litem: An unbiased person appointed by the state to represent a ward’s best interests
  • Guardian of the estate: A person who posses power of the estate and property of the ward
  • Guardian of the person: A person who advocates for the rights of the ward
  • Guardian with full authority: A person who has all the rights and legal powers of the ward if fully incapacitated

An entity can also be appointed as a guardian.

Filing a Personal Injury Claim

 

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.

  • Negligence
  • Causation
  • Damages

Seeking Help from an Attorney

 

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.

The Law Office of Julie Johnson, PLLC is ready discuss your loved one’s injuries, and your options for filing a personal injury claim, today. To learn more, call 214-290-8001 now.