Personal Injury Lawyer Virginia Beach
Unfortunately, serious personal injuries can sometimes result in victims being physically and/or mentally incapacitated and unable to seek financial compensation for their injuries. If your loved one has found themselves in such a position, you might, understandably, be wondering if someone else is eligible to take legal action on their behalf.
The Virginia Beach personal injury attorneys at Shapiro, Washburn & Sharp can explain the ways you may potentially be able to pursue damages at the behest of an incapacitated family member. To learn more about your potential legal options, call us to schedule a free consultation.
How Can I Act as a Conservator of the Victim?
If a victim’s injuries are so severe that they result in mental or physical incapacitation, a conservator who is able to take legal action on their behalf can be assigned by the courts. To be appointed conservator, you must show to the court that your appointment is in the victim’s best interests.
If you are a close friend or relative interested in acting as a conservator, you must first petition the court. The petition must outline the reasons this request is being made. Then, a court hearing will be scheduled during which a judge will listen to your argument as to why you should be designated as the victim’s conservator. During this hearing, the victim along with any family members who wish to do so, will have a chance to make their objections to your request known.
If you are granted conservatorship over your loved one, you will then be able to file a lawsuit on behalf of your ward. Any motions associated with this type of lawsuit will need the court’s approval before going ahead, including approval to even file the claim. This affords the judge the opportunity to assess any decisions the conservator has made to ensure that they are genuinely in the ward’s best interests.
What Are Virginia’s Guardianship Laws?
When an adult is incapable of making their own decisions, Virginia law allows the court to appoint them a legal guardian. For example, an accident victim who is not longer able to make financial or medical decisions or advocate for themselves might need a guardian who can act on their behalf.
Prior to appointing a guardian, the court will first need to establish that the victim is legally incapacitated and needs help managing their financial or personal matters. Once the victim’s incapacity has been firmly established, the court will then evaluate and choose the most suitable person to act as guardian.
During this selection process, potential guardians are given priority following a rigid order of consideration.
- A person who has been appointed fiduciary, conservator, or guardian in a different jurisdiction or state
- An individual who was chosen by the incapacitated victim before they became incapacitated
- The incapacitated victim’s spouse or an adult child
- One of the incapacitated victim’s heirs
- An individual with a distinct interest in the victim
Should more than one party at equal levels of priority attempt to pursue guardianship of the incapacitated person, the court will choose the person best suited for the role. A person holding a low-priority position can be appointed guardian only if reasonable cause exists.
In scenarios that involve an incapacitated minor, the court has the power to designate respective guardians over their financial and personal affairs, or a single guardian may serve both roles. Co-guardians may also be appointed.
How Do I Prove Someone is Incapacitated?
Proving that someone is incapacitated and requires a guardian or conservator requires official medical documentation. The court requires evaluations from two licensed doctors who have examined the victim. Both physicians will have to give statements outlining the medical condition that has given rise to the victim’s inability to manage their personal affairs.
Common evidence includes:
- The exact mental impediment experienced by the victim
- The effects of the condition unique to the victim
- Documented examples of the victim’s incapacity for making their own legal, financial, and personal decisions
What Steps Can I Take to Build a Strong Case for My Ward?
Once you have been granted guardianship, your next course of action will be to work with the incapacitated victim and an experienced Virginia Beach personal injury lawyer to ensure their rights are being protected. Your attorney can help you execute these steps, which include:
Collecting Evidence
In all areas of personal injury law, collecting evidence is an imperative part of constructing a compelling case. You will need to gather as much evidence related to your accident and injuries as possible. This includes things such as police reports, medical records, eyewitness statements, pictures, and any other associated documents. This proof can help establish the severity of your injuries, the circumstances under which they occurred, and those responsible.
Identifying All Potentially Liable Parties
Determining who is liable for your loved one’s injuries is vital for receiving financial compensation. You can identify potentially liable parties, such as a negligent medical provider, property owner, or driver. This will involve a detailed investigation of the incident, examining all collected evidence, and evaluating the events leading up to the accident.
Looking out for Their Best Interests
As your loved one’s representative, you need to prioritize their best interests during the personal injury process. This includes communicating with insurance carriers and healthcare professionals, as well as any other parties related to their case to ensure that their legal rights are protected. You will also need to inform your ward of any developments and updates to their case.
Filing Insurance Claims or Lawsuits
Once your lawyer has identified all potentially liable parties and built a strong case, an insurance claim or lawsuit will be filed on behalf of the incapacitated victim. Filing an insurance claim involves claiming with an insurance carrier for financial compensation, while bringing a suit involves filing a formal complaint against the liable person or persons.
Representing You During Settlement Negotiations or in Court
Should the victim’s case go to court, your attorney should represent them vigorously and effectively. This involves questioning eyewitnesses, giving evidence, and making arguments to the jury or judge. If their case is settled, your lawyer will enter into negotiations with the at-fault party’s attorney or insurer to reach a settlement that fairly reflects the victim’s damages.
Shapiro, Washburn & Sharp
Based on the facts of your case, there could be further legal matters to take into account, like guardianship. If the victim is incapacitated or a minor, an appointed guardian might be required to make legal and other decisions for them.
At Shapiro, Washburn & Sharp, our Virginia Beach personal injury lawyers work hard to ensure that we are always abreast of any legal issues that could develop and strive to address them promptly and appropriately. In one recent case, we obtained a $133,000 settlement for the mother of two young boys who were injured when the car in which they were riding was struck at a train crossing on privately owned land in Prince William County.
If someone you love was recently injured in a personal injury accident in Virginia Beach and you have questions about how to obtain financial compensation on their behalf, you can schedule a free consultation by calling (833) 997-1774 or filling out the contact form on our website. Our offices are located in Virginia Beach, Hampton, Portsmouth, and Norfolk.
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