If a family member is incapacitated in an accident, and there is no power of attorney or other document directing your actions, contact an attorney on behalf of the accident victim. If the injured person cannot make decisions for his or her self, the court will need to appoint a guardian ad litem (Latin, referring to a guardian appointed for the purposes of a lawsuit).
The spouse or closest family member should contact an attorney if the accident victim cannot do it his or her self, as there is a limited time to file a case. The injured person may be entitled to a car accident settlement – the attorney can get the process started so that the injured person will be able to collect any monies due him or her. If the injured person is still incapacitated at the time of the car accident settlement or judgment, an attorney will be able to direct you in handling the funds or may even be able to accept the funds on behalf of the injured.

Emery Brett Ledger brings more than 27 years of experience to personal injury law. He founded & led The Ledger Law Firm in securing over $100 million in compensation for clients with life-altering injuries & complex claims. Licensed in California, Texas, & Washington, Emery earned his law degree from Pepperdine University School of Law. His practice areas include car & truck accidents, wrongful death, catastrophic injuries, maritime claims, & mass tort litigation. He has been recognized by The National Trial Lawyers’ Top 100, Mass Tort Trial Lawyers Top 25, and America’s Top 100 Personal Injury Attorneys. Emery also received the 2025 Elite Lawyer Award & holds a perfect 10.0 Avvo rating with Platinum Client Champion status. His legal work has been featured on CNN, Forbes, NBC, & ABC.