If you suffered a brain injury in an accident that was caused by another person’s negligence and you are an adult who has the legal right to make independent decisions, you may be able to bring a personal injury lawsuit against the party or parties who caused your accident.

Unfortunately, some people who suffer from brain injuries are no longer able to make their own decisions because their brain injuries impact their cognitive functioning. In these cases, someone else may be able to file a lawsuit on behalf of the person who was hurt.

A Power of Attorney or a Guardian May File a Brain Injury Lawsuit

A person who cannot file his or her own personal injury lawsuit after a brain injury may still benefit from a lawsuit if it is filed by that person’s:

  • Durable power of attorney. Many people create powers of attorney when working on an estate plan. If a durable power of attorney document was properly executed before the brain injury occurred, the agent named in the document may be able to make legal decisions on behalf of the injured person. This includes filing a personal injury lawsuit.
  • Legal guardian. Injuries can happen without warning. If your loved one suffered a brain injury and did not have a durable power of attorney in place, you may petition the court for guardianship. If the court grants your guardianship request, you may be able to file a personal injury lawsuit on behalf of your loved one.

How to Start a Case for Someone With a TBI

If you decide to bring a lawsuit on behalf of a legally incompetent accident victim, any money recovered in the case will be for the benefit of the person who suffered the brain injury. A recovery could benefit a brain injury victim by providing compensation for past and future medical costs, lost income, out-of-pocket living expenses, physical pain, and emotional suffering.

To get started, you should contact a brain injury lawyer as soon as possible after the accident. That way evidence can be protected, and the necessary papers can be filed before the statute of limitations expires.

We Can Help You as You Help Your Loved One

You are acting on behalf of the person who was hurt, but you don’t have to act alone. Instead, a brain injury lawyer will make sure that all of the injured victim’s rights are protected and can fight hard to make sure that that a fair settlement is achieved or that a fair trial verdict is rendered.

Our Kentucky brain injury lawyers would be pleased to provide you with a free consultation if you have suffered a brain injury or if you are the agent or guardian for someone who has suffered a brain injury. We are only paid if your claim is successful, so you do not need to worry about any upfront legal fees. Please fill out our online contact form or call us to learn more.

Mark K. Gray
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Louisville attorney serving the seriously injured in Kentucky

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