Upon being in an accident, one must contact a personal injury attorney and file a personal injury claim. Personal injury claims can constitute dog and other animal bites, medical malpractice, premises liability, workplace accidents, wrongful death, and car accidents. The best accident injury lawyer in Atlanta should handle such cases.
These accidents can result in lifelong complications, such as the incapacitation of the victim. There were 29,922 car accidents in 2022, as the Atlanta Police Department reported. Most of those accidents were severe and fatal. It is vital to file a suit with the help of experienced law firms like Atlanta Personal Injury Law Group in case your family member becomes incapacitated because of an accident.
But what are the guidelines for filing a personal injury claim on behalf of an incapacitated family member? What role does a personal injury lawyer in Atlanta play? Read on to find out more.
Who Is an Incapacitated Person?
Generally, an incapacitated person is an individual whose mind is impaired and who cannot understand their surroundings or communicate appropriately with others. Their mind can be impaired because of:
- Chronic intoxication
- Mental illness
- Physical disability
- Extreme use of drugs
Legally, an incapacitated person, as defined by GA Code § 10-6B-2 (2022), is someone who cannot either mentally or physically manage their affairs. Incapacitated people whom a personal injury lawyer in Georgia can represent include:
- A minor
- A mentally unstable person
- Someone with a brain injury
- An infant
Note that if the victim of the accident has severe physical injuries, but their mental state is not affected, and they can make decisions, then they shall not be deemed as incapacitated. They can appoint Atlanta personal injury attorneys to represent them and help them recover general and special damages.
Minors and Infants
Minors and infants may not be able to express themselves before the court, but that does not mean that the personal injuries they sustain should not be compensated. This is where an Atlanta personal injury lawyer comes in handy.
For example, if an infant has been a victim of a road accident and has suffered injuries, Atlanta accident attorneys can help the family secure compensation for the damages. Atlanta personal injury law protects the rights of minors and infants in such a case.
The guardian of the infant should consult a personal injury attorney in Atlanta, and together, they will represent the infant. The court can appoint a guardian if the infant does not have parents.
Any damages awarded to the infant/minor upon successful representation by an Atlanta injury lawyer should be kept by the guardian until they reach 18 years of age. Once the minor is 18, they should be given damages.
The guardian must always have the child’s best interest at heart, and in every decision they and Atlanta personal injury lawyers make, they must show so. The guardian’s roles include:
- Accepting a settlement
- Proceeding to trial
- Discontinuing the claim
Mentally Incapacitated Persons
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Mentally incapacitated people include:
- People suffering from mental illness
- Anyone with brain injuries as a result of a serious road accident.
These people cannot distinguish right from wrong, and, thus, cannot participate in personal injury claims.
Suppose a person from your family is involved in a car accident resulting from the driver’s negligence. In that case, you should contact an accident lawyer in Atlanta, especially if the accident led to the victim being incapacitated.
The legal guardian in this case must have a power of attorney, meaning that whatever decision they and the personal injury lawyers in Atlanta make should be in the victim’s best interest.
Conclusion
A legal representative/guardian can file a claim on behalf of an incapacitated family member. An incapacitated person can either be a minor, a person suffering from mental illness, or someone with brain damage.
A personal injury attorney in Georgia can work with the guardian to ensure the incapacitated person has received justice and is compensated accordingly. So consult with a personal injury lawyer in Georgia today!
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