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Can I File A Catastrophic Injury Claim On Behalf Of A Loved One Who Is Unable To Do So?

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Have you or a loved one suffered extreme physical, mental, and financial hardship from a catastrophic injury due to the negligence of someone else?

Speak with a catastrophic injury attorney today!

Call the attorneys you can trust to fight for the justice and compensation that you deserve!

Catastrophic Injury Texas will fight for the largest verdict or settlement possible.

When a catastrophic injury occurs and a loved one is unable to pursue a claim due to their physical or mental condition, you may wonder if you have the legal right to file a claim on their behalf. Here we will explore the process of filing a catastrophic injury claim on behalf of a loved one and provide guidance on how to navigate this complex legal situation.

I. Understanding The Legal Concept Of Legal Guardianship:

  • Definition Of Legal Guardianship:

Legal guardianship is a legal relationship where an individual, known as the guardian, is appointed by a court to make legal and financial decisions on behalf of another person who is unable to do so independently. The person for whom guardianship is established is typically a minor, incapacitated, or mentally incompetent. Legal guardianship grants the guardian the authority and responsibility to act in the best interest of the individual and protect their rights.

  • Purpose And Scope Of Legal Guardianship:

The primary purpose of legal guardianship is to ensure that individuals who are unable to make decisions for themselves have someone who can act on their behalf. This is particularly important in cases where the person is incapacitated due to a catastrophic injury, such as a traumatic brain injury or spinal cord injury. Guardianship provides a framework for managing the person’s affairs, including medical decisions, financial matters, legal proceedings, and other important aspects of their life.

  • Obtaining Legal Guardianship:

To obtain legal guardianship, the interested party must petition the court in the jurisdiction where the individual resides. The process involves submitting a formal application, providing evidence of the person’s incapacity, and demonstrating that the petitioner is a suitable guardian. The court will carefully review the circumstances, consider the best interests of the individual, and make a determination regarding the appointment of a guardian.

  • Types Of Legal Guardianship:

There are different types of legal guardianship depending on the specific needs and circumstances of the incapacitated individual. Some common types include:

  1. Guardianship Of The person: This type of guardianship grants the guardian the authority to make personal and healthcare decisions on behalf of the incapacitated person. It may include decisions related to medical treatment, living arrangements, education, and other personal matters.

  2. Guardianship Of The Estate: In cases where the incapacitated person has substantial assets or financial resources, a guardian may be appointed to manage their financial affairs. This can involve handling income, paying bills, managing investments, and making financial decisions.

  3. Limited Guardianship: In certain situations, the court may determine that a person only requires assistance with specific aspects of their life. In such cases, limited guardianship may be established, allowing the guardian to make decisions in those specific areas while preserving the individual’s autonomy in other areas.

  • Duties And Responsibilities Of A Legal Guardian:

Once appointed as a legal guardian, there are several duties and responsibilities that the guardian must fulfill. These include:

  1. Acting in the best interest of the incapacitated person: The guardian must make decisions and take actions that prioritize the well-being and best interest of the individual. This includes considering their physical and mental health, safety, and overall quality of life.

  2. Managing financial affairs: If granted guardianship of the estate, the guardian must manage the individual’s financial resources responsibly and in accordance with the law. This involves budgeting, paying bills, maintaining records, and making financial decisions that benefit the individual.

  3. Making healthcare decisions: If granted guardianship of the person, the guardian has the authority to make healthcare decisions on behalf of the incapacitated person. This includes consenting to medical treatments, selecting healthcare providers, and ensuring the individual receives appropriate medical care.

  4. Advocating for the individual’s rights: The guardian acts as an advocate for the incapacitated person, ensuring that their rights are protected and respected. This may involve representing the individual’s interests in legal proceedings, resolving disputes, and ensuring their voice is heard.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 380-1992

II. The Role Of A Legal Guardian In Filing A Catastrophic Injury Claim:

  • Acting n the Best Interest Of The Incapacitated Person:

As a legal guardian, your primary responsibility is to act in the best interest of the incapacitated person. When it comes to filing a catastrophic injury claim on their behalf, this means ensuring that their rights are protected, their needs are addressed, and their interests are represented throughout the legal process. It is crucial to have a thorough understanding of the individual’s condition, the impact of the catastrophic injury on their life, and the potential long-term effects.

  • Initiating The Legal Process:

Once you have obtained legal guardianship, you have the authority to initiate the legal process on behalf of the incapacitated person. This involves engaging the services of a knowledgeable catastrophic injury lawyer who specializes in personal injury cases. The lawyer will guide you through the necessary steps and procedures, ensuring that all legal requirements are met.

  • Building A Strong Case:

Working closely with your catastrophic injury lawyer, you will play a crucial role in gathering evidence and building a strong case. This includes collecting medical records, accident reports, witness statements, expert opinions, and any other relevant documentation. The lawyer will rely on your input and collaboration to understand the extent of the injuries, the impact on the individual’s life, and the potential damages that can be sought in the claim.

  • Assessing Liability And Calculating Damages:

One of the key responsibilities of the legal guardian is to assist the lawyer in assessing liability and calculating damages. This involves analyzing the circumstances surrounding the catastrophic injury, identifying potentially responsible parties, and determining their level of negligence or fault. Your input and knowledge of the incapacitated person’s condition and the events leading to the injury are vital in this process.

Additionally, you will work closely with the lawyer to evaluate the damages incurred by the incapacitated person. This includes considering medical expenses, rehabilitation costs, ongoing care and treatment, loss of income and earning capacity, pain and suffering, and other relevant factors. Your insights into the individual’s current and future needs will contribute to a comprehensive assessment of the damages to be pursued in the claim.

  • Representing The Incapacitated Person’s Interests:

Throughout the legal proceedings, your role as the legal guardian is to ensure that the incapacitated person’s interests are fully represented. This involves working closely with the catastrophic injury lawyer to develop a litigation strategy, participating in settlement negotiations, and making decisions on behalf of the incapacitated person based on their best interests.

  • Approving Settlements And Distribution Of Compensation:

If a settlement is reached or a judgment is awarded, as the legal guardian, you will play a crucial role in approving the settlement and overseeing the distribution of compensation. The court may require your consent and review the terms of the settlement to ensure that it is fair and in the best interest of the incapacitated person. You will work closely with the lawyer to ensure that the compensation is appropriately allocated to cover medical expenses, ongoing care, and other necessary costs.

III. Ensuring Proper Distribution Of Settlement Or Judgment:

  • Understanding The Settlement Or Judgment:

Once a catastrophic injury claim is resolved through a settlement or a judgment is awarded, it is essential to have a clear understanding of the terms and conditions. This includes the total amount of the settlement or judgment, the breakdown of damages, any allocated funds for ongoing care or future expenses, and any specific instructions regarding the distribution of the compensation.

  • Engaging The Services Of A Qualified Financial Professional:

To ensure the proper distribution of the settlement or judgment, it is advisable to engage the services of a qualified financial professional, such as a financial planner or an accountant with experience in personal injury settlements. They can provide expert advice on managing the funds, budgeting for ongoing care, and investing for the incapacitated person’s long-term financial stability.

  • Creating A Trust Or Structured Settlement:

In many cases, it is prudent to establish a trust or structured settlement to manage the compensation received in a catastrophic injury claim. A trust can provide for the ongoing care and support of the incapacitated person, allowing for the funds to be used for medical expenses, rehabilitation, specialized equipment, and other necessary needs. A structured settlement can provide regular payments over time, ensuring a steady income to cover living expenses and future care costs.

  • Consideration Of Government Benefits:

If the incapacitated person is eligible for government benefits, such as Medicaid or Social Security Disability Insurance (SSDI), it is crucial to consider the impact of the settlement or judgment on their eligibility. Improper distribution of funds can potentially disqualify them from receiving essential benefits. Consulting with an attorney experienced in public benefits can help navigate these considerations and structure the distribution of funds in a way that preserves eligibility for government assistance programs.

  • Appointment Of A Trustee Or Conservator:

In situations where the incapacitated person is unable to manage their financial affairs independently, the appointment of a trustee or conservator may be necessary. A trustee or conservator acts as a fiduciary, managing the funds and making financial decisions on behalf of the incapacitated person. This ensures that the compensation is properly administered, expenses are paid, and the funds are safeguarded for the individual’s ongoing care and needs.

  • Regular Review And Adjustment:

The distribution of the settlement or judgment should be regularly reviewed and adjusted as necessary. The incapacitated person’s needs may change over time, requiring modifications to the budgeting and allocation of funds. Regular communication with the financial professional, the attorney, and healthcare providers can help ensure that the distribution remains in line with the individual’s evolving needs.

  • Legal Oversight And Reporting Requirements:

As the legal guardian, it is essential to comply with any legal oversight and reporting requirements associated with the distribution of the settlement or judgment. This may include providing periodic accountings to the court, documenting expenses, and seeking court approval for significant financial decisions. Adhering to these legal obligations helps maintain transparency and accountability in the management of the funds.

Catastrophic Injury Texas Is Ready To Fight For You


Our attorneys feel that victims of accidents deserve compensation for all of their losses. To obtain the most financial compensation in your catastrophic injury case, contact our caring lawyers now.

We are available to assist you with any type of claim, whether it’s a car accident or other personal or catastrophic injury. When you submit your contact information on Catastrophic Injury Lawyers of Texas website, we will provide a free case evaluation for you. 

Get in touch with us now – (888) 380-1992

*No upfront fees are required as we work on a contingency fee basis and are only paid if we win compensation in your case. 

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Catastrophic Injury Texas

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We fight to help accident victims get back on their feet.

If you’d like to talk with us and ask questions specific to your case, call us at (888) 380-1992 for a free case evaluation.

Suffering From Catastrophic Injury After An Accident?

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The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 380-1992

Attorney Advertising. Prior results do not guarantee a similar outcome. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or communications. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established, which will be via a signed, written, retainer agreement. This website contains articles and commentary regarding certain jury verdicts. However, a jury verdict often does not reflect the actual amount that a plaintiff receives. Judges often reduce jury awards. Sometimes Judges add attorneys’ fees and other damages to awards. As a result, final awards or settlements, are often for different amounts than the amount awarded by the jury. Many of the jury awards discussed on the website, ended up being dramatically reduced. The depictions on the website that portray lawyers/clients are models and are not the actual lawyers/clients of the firm. The scenes depicted on this website are fictionalized.