An accident that deprives a victim of mental abilities complicates the process of filing a personal injury lawsuit. Physical injuries that rob someone of the mental capacity to understand information or make decisions may require another person to act on the person’s behalf.

Difficult situations like this prompt people to work with injury lawyers. Time will be more of an issue when recovering accident damages for an incapacitated person. Except for some exceptions in medical malpractice cases, the statute of limitations for personal injury in Nevada is two years from the date of the accident. If you need to handle the lawsuit for an incapacitated person, you will have to navigate extra layers of legal details. This process adds to the urgency of seeking legal representation before time runs out to pursue compensation.

You Need the Legal Authority to Act

Someone who planned for the possibility of future incapacity will have executed a durable power of attorney. This document names an agent or “attorney in fact” who can manage affairs for the person in the event of incapacitation.

Unfortunately, accidents often strike people who have not prepared this document. If your loved one did not grant a power of attorney to you or someone else, then you need to petition the court to become the accident victim’s conservator.

Only a court can appoint you as a conservator. You will need to do this before proceeding with the lawsuit. In the meantime, a personal injury lawyer could begin the work of gathering evidence for the lawsuit while helping you with court paperwork related to the conservatorship.

Process for Becoming a Conservator
A family member or close friend often steps up to fill the conservator position. This person must prepare a petition to the applicable court that details the legal reasons a conservatorship has become necessary.

Your petition will prompt the court to schedule a hearing. At this hearing, you or your lawyer must present evidence that proves the person’s mental incapacity and why you are an appropriate and trustworthy choice for the role of the conservator. The hearing also provides an opportunity for other family members of the accident victim to voice their objections, if any.

Should a judge approve your conservatorship, you now have the legal authority to move forward with the personal injury lawsuit for your incapacitated loved one, who will now become known as your ward. Please be aware that a court will monitor your conservatorship and must approve your intention to file the lawsuit and subsequent steps in the legal action. The court oversees this process to ensure that you act in the victim’s best interests.

Proving Incapacity
At your conservatorship hearing, the issue of incapacity is central to a judge’s decision. Nevada law defines incapacity as the inability to understand information and/or communicate decisions. The cause of the incapacity can be advanced age, disease, mental illness, or any other cause that severely reduces mental function.

In accident cases, the cause is usually injuries that result in substantial brain damage. Personal injury attorneys help families gather the necessary medical documentation and mental assessments to demonstrate to the court that the victim cannot manage information and decisions anymore.

Steps for Completing a Personal Injury Lawsuit

When the party responsible for the victim’s damages is not willing to settle or offers an insufficient settlement, you have the option of taking the matter to court. When you and your personal injury lawyer decide to litigate, you must prepare a complaint.

This document informs the court of your desire for civil justice and outlines, in detail, the facts that show fault and negligence and the legal grounds for the collection of compensation for the victim. The complaint must also explain how the case falls under the court’s jurisdiction and what damages you want to be paid by the responsible party.

You will need to file a summons that summarizes the parties involved in the case and expressly informs the defendant of being sued for damages. As you complete this paperwork with the court, you can expect to pay fees.

Once the court filings are complete, the next step is service of process. This involves physically presenting the defendant with the lawsuit. Serving the papers must be done so that you can prove that the defendant did indeed receive the documents. Personal injury attorneys can advise you on how to complete this step correctly.

After initiating litigation, the opposing side will respond to the complaint and perhaps file a motion to dismiss the case. Part of the job of injury lawyers is to make sure that your lawsuit thoroughly documents your valid reasons so that it should be invulnerable to attempts to have the case dismissed.

As your lawsuit moves toward a trial date, both sides will gather evidence and prepare for speaking to a jury. However, settlement negotiations can continue alongside this process, and many cases settle satisfactorily before a trial.

A Personal Injury Attorney Who Can Help You
When someone is hurt so terribly that incapacity results, the financial damages will be very high because of the need for lifelong care. A lawyer’s willingness to go to trial would be an important consideration when hiring a personal injury attorney due to the high stakes. Darren J. Lach has a proven track record as a trial attorney for accident victims. You can contact Lach Injury Law day or night to schedule a free consultation. Call now.