The Kemmy Law Firm represents clients so seriously injured in accidents that they’re in a coma, in and out of consciousness, or suffered brain damage to the point they can’t make decisions for themselves. These are tough times for family members. It’s critical an attorney gets involved to ensure the family member’s rights are protected.
This situation can come when you least expect it. It may result from a fall, a vehicle accident, medical malpractice, or an accident at work. We understand the high stakes in these cases, and family members trust us to make a difference. Contact our family of injury attorneys today to schedule a free consultation and find out how we can help your loved one by calling us at (830) 264-6297.
What Can a Lawyer Do for My Moved One?
The Kemmy Law Firm welcomes family members to contact us to discuss their situation, what steps should be taken to protect the family member, and what we can do for you. An insurance claim or personal injury lawsuit could provide for medical treatment, rehabilitation, lost income, and compensate them for their pain and suffering.
When Probate Court Needs to Get Involved
If the victim is an adult and the chances aren’t good, they will recover any time soon; probate court involvement may be necessary. A spouse, family member, or friend can ask the court to make essential decisions for the person, including hiring an attorney and filing an insurance claim or lawsuit on their behalf.
If the injured person is unmarried, a guardian may be appointed. A guardian makes decisions for the injured person in their best interests. Texas law gives priority to family members to take that position.
- A judge would decide if a guardianship is needed because the person is incapacitated – they’re substantially unable to provide food, clothing, or shelter for themselves, care for their physical health, or manage their financial affairs because of a physical or mental condition
- If so, the judge would next decide if the proposed guardian is suitable for the job. Usually, a criminal background check will be done. The facts and circumstances of the case will also be investigated to ensure the right person is appointed
If the injured person is married and declared incapacitated, their spouse has the power to manage and control his or her affairs if they’re appointed community administrator. The uninjured spouse is presumed to be suitable and qualified for the role.
No matter which situation applies, we can help you through the probate court process to make the necessary decisions to help your loved one.
When Probate Court Is Unnecessary
If your loved one is younger than 18, their parents or guardians make decisions for them. If they are an adult and, before the accident, executed a power of attorney, it may allow someone (called an agent) to make decisions on their behalf.
Depending on the language of the document, the agent may be able to hire us for the family member so we can file an insurance claim or lawsuit on their behalf.
If the Family Member Dies of Their Injuries
A wrongful death case may be appropriate in these circumstances. In Texas, a surviving spouse, child, or parent of the deceased can file. If none of them file the lawsuit within three calendar months of the death, then the administrator of the person’s estate can file it.
If the death is caused by another’s negligent conduct, immediate family members or the estate may have the right to file a civil suit against the responsible party. A wrongful death lawsuit can provide family members with the compensation they need to move forward in life.
Let Our Family Protect Yours
The Kemmy Law Firm is family-run, and our attorneys have more than 50 years of combined experience. We are dedicated and successful trial attorneys helping clients in West Texas, Hobbs, New Mexico, Midland-Odessa, and across the Permian Basin. We are here to fight for you, especially in cases of catastrophic injuries.
Call us today at (830) 264-6297 to schedule a free consultation so we can discuss your situation, how the law may apply, and what we can do to help.
The post When & How to Hire a Lawyer for an Injured Loved One? appeared first on Kemmy Law Firm.
