Who Can Sue on Behalf of An Incapacitated Injury Victim?

When an accident leaves a victim incapacitated, they may be unable to manage their daily activities, make decisions, or pursue justice for their injuries. However, even if an incapacitated individual is disabled and unable to seek justice on their own for the injuries and harm they have endured, this does not mean that another person cannot file a lawsuit and seek compensation on their behalf to help them pay for their expenses and live as comfortably as possible going forward.

What is the legal definition of an incapacitated person?

According to AR Code § 28-65-101, an incapacitated person is legally defined as someone who is “impaired by reason of disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for his or her health or safety or to manage his or her estate.”  Various types of accidents, such as a car accident, motorcycle accident, bicycle accident, truck accident, pedestrian accident, slip and fall accident, and more, can lead to incapacitation, either mentally or physically.

Who can sue on behalf of an incapacitated injury victim?

Only certain individuals can file a lawsuit on behalf of an incapacitated injury victim:

• Relatives: When an individual becomes incapacitated, their closest relatives may be able to file a lawsuit and seek financial recovery on their behalf. These may be parents, children, siblings, or even spouses. However, if the incapacitated individual does not have any close relatives, their distant relatives may also be able to sue on their behalf.
• Guardians appointed by the court: When a court has appointed a guardian, this person has the ability to make decisions on behalf of the incapacitated injury victim. This gives them the authority to decide to sue the at-fault party for compensation to help cover the incapacitated injury victim’s medical costs and other losses.
• Representatives: Before the victim became injured and incapacitated, they may have chosen a legal representative to make certain decisions and act on their behalf in the event of an accident. If there is a power of attorney or another document showing that the victim chose a legal representative, this individual may be able to bring forth a suit on their behalf. In addition, an incapacitated injury victim can also give their attorney permission to represent them and take legal action on their behalf.

How can an incapacitated injury victim assist the individual helping them sue?

If the victim is mentally incapacitated or in a coma, they may not be able to assist. However, if the victim is physically incapacitated, they may be able to still assist the individual helping them sue in various ways, such as:

• Discussing important details about the accident: The first step that you can take as an incapacitated injury victim is to discuss the important details of your accident with the individual helping you sue. For example, you may want to explain what happened, who was involved, and what you were doing at the time of the accident. This provides some insight into your accident and helps the relative, guardian, or representative learn the facts of your case.
• Collecting evidence: It is a good idea to help them find and collect evidence to support your case. This may be medical records, police reports, accident reports, surveillance video or dashcam footage, and more. You may also want to ask them to take photos and videos of your injuries and day-to-day life. If you are able to write, you should strongly consider writing in a journal about your accident and the negative effects you have experienced since.
• Speaking with witnesses: If you believe that an individual could be a witness for you, you may want to speak to them or provide their contact information to the person who is helping you sue. Witnesses can be anyone who saw your accident happen or even observed the effects that you have experienced due to the accident.
• Determining who is liable: Identify who may be liable for the accident. Multiple parties could be responsible, and knowing this is crucial for filing a lawsuit.
• Hiring a Little Rock personal injury lawyer: You and the person who is helping you sue should hire a Little Rock personal injury lawyer as soon as possible. They can guide you both through the legal process, help you determine liability, communicate with the defendant’s insurance company or attorneys, and advocate for your legal right to compensation to cover your medical expenses, lost income, disabilities, pain and suffering, and more. If you do not have anyone to help you file a lawsuit, your attorney can also help you follow the appropriate steps to select a representative or have a guardian appointed to you to make certain decisions on your behalf.

When a person is incapacitated after a serious accident, they usually think that it is impossible for them to seek justice for their injuries and other losses. However, the Little Rock personal injury lawyers at Bailey & Greer are here to let you know that you can depend on us to represent you and file a lawsuit against the responsible parties on your behalf. We know that you may feel overwhelmed and hopeless, but our team will do all that we can to hold the at-fault parties accountable for their negligent actions. To learn more about how we will protect your or your incapacitated loved one’s legal rights, call our office or submit our contact form to schedule a free case review today.