Who represents my loved one if he or she is too injured to handle a truck accident claim?

If your loved one has been severely injured in a truck accident, a family member or another individual acting as a representative may handle and file the truck accident claim. However, this generally requires proof that the victim is incapacitated and unable to pursue the case. Of course, an attorney – likely hired by the victim’s representative – can offer legal representation for the victim.

What could constitute an individual as incapacitated and unable to handle a truck accident claim?

Whenever someone is incapable of making reasonable, sound decisions because of injuries from an accident, it may require someone else to file a claim and make decisions on the victim’s behalf.

One of the most common types of injuries that could qualify under these circumstances is a severe traumatic brain injury. If the effect is that the victim’s ability to process thoughts is compromised or recalling events or performing other necessary functions isn’t feasible, it could require someone else make legal decisions for him or her.

Another example would be if someone is in a coma. As long as there is sufficient reason to believe that the victim is unable to make decisions regarding a claim, someone else might have to handle the matter.

Who can make decisions for an individual whose been severely injured in a truck accident?

In West Virginia, a conservator or guardian must be approved by the court. It must be someone – like a family member – who has the injured person’s best interest in mind.

The court may consider a variety of factors when making this appointment, such as:

  • recommendations by relatives;
  • possible conflicts of interest; and
  • the relationship of the potential representative to the victim.

The process for becoming a conservator or guardian is to file a petition with the clerk of the circuit court and attend a hearing where a decision is made. Get legal counsel when seeking to handle a claim on behalf of a loved one and discuss legal representation to handle the actual injury case as well. Call The Miley Legal Group to set up a consultation (304) 931-4088.

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group