Incapacitated Accident Victims’ Rights
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.
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