Your loved one has had a car accident or even fallen and hit their head, and now they have a brain injury where they cannot act on their own behalf. What do you do? How do you take care of your family member? Here are four quick steps to helping a family member who has a serious brain injury. First, ensure they’re getting proper medical care. They need to be well taken care of, and everything needs to be done to your satisfaction. If you are unhappy with their medical care, get a second or third opinion, or even switch facilities, if necessary.
Second, see an attorney who (a) has experience in brain injury cases and (b) has the funds to fight brain injury cases. If your loved one is brain injured because of an accident, you may run into difficulties with your insurance company, as well as the insurance company of the other parties involved in the accident. It’s critical that you work with an attorney who has both experience and funding, because these types of cases are very difficult to try. They will also need to hire medical experts to support your claim, and this is a very costly proposition.
Third, if you don’t already have Power of Attorney for your loved one, your personal injury attorney will consult with another attorney to take care of acquiring legal capacity to act for them, so you can take care of all of your loved one’s legal business. Believe it or not, if this loved one is your spouse, you actually do not have an automatic right to conduct their affairs. A good precaution to take is to set up durable Power of Attorney over each other. This way, you can conduct business for each other if one of you is away on a trip, or if the other is incapacitated for any reason for any length of time. The last thing you’ll want to deal with when your loved one is suffering is jumping through legal hoops in order to protect them and make decisions for them. If you need help, contact an attorney who is experienced in brain injury cases, and they will be able to guide you and give you some actionable steps you can take.
If you have further questions about this blog post or other legal matters, we welcome the opportunity to answer them for you. Please feel free to contact us toll-free at (866) 281-4774