Brain injuries often cause catastrophic, life-altering effects on victims. Often, brain injury victims do not have the mental capacity to understand their legal rights and pursue a San Antonio brain injury claim. However, a brain injury case could help provide the victim with the necessary resources they need to help pay for medical treatment, make up for lost income, and pave the way for their future.
Fortunately, Texas law allows others to file a brain injury claim on behalf of individuals who are too incapacitated to deal with the challenges of a brain injury lawsuit on their own. An experienced injury attorney in San Antonio can analyze your situation and explain your legal options. Contact us today for a free consultation.
Who Has the Right to File a Brain Injury Claim Under Texas Law?
Texas law allows another person to petition to become a brain injury victim’s legal guardian when the victim cannot understand their legal rights or independently take on the legal process. The guardian would then file the victim’s legal claim on their behalf.
Legal guardians have the same legal rights as the injured party, so they can file a catastrophic injury claim or lawsuit in San Antonio on the victim’s behalf. Typically, family members, such as spouses, adult children, parents, or siblings, ask to become legal guardians. If there is a settlement or judgment in the case, the proceeds go to help the brain injury victim.
How to Become a Guardian Under Texas Law
Becoming a guardian is a legal process. To become someone’s legal guardian, you must petition the court for guardianship, prove your loved one lacks the capacity to manage their own affairs, and obtain the necessary legal documents that state that you have guardianship over your loved one. You must notify your next of kin of your petition and prove that you are an appropriate choice of guardian. This process is often complicated. An experienced attorney can assist you with this process.
Filing a Brain Injury Lawsuit on Your Child’s Behalf
If your minor child sustains a brain injury, you do not have to petition the court to obtain guardianship because you are already the victim’s legal guardian. Texas parents retain the right to file legal claims on behalf of their minor children. If your child lacks the necessary mental capacity, you can take this burden off their shoulders and handle the legal claim yourself.
Statute of Limitations for Brain Injury Cases
Texas law limits the time you have to make a legal claim after an accident. The statute of limitations is two years from the date of the accident. This limitation period applies to claims a victim can make, as well as the time a representative has to file a claim on their behalf. If you miss this deadline, you forfeit the right to recover financial compensation through the courts.
Learn More About the Legal Process by Calling a Free Case Review
If you would like assistance with a loved one’s brain injury claim, contact George Salinas Injury Lawyers for a free consultation by calling 210-225-0909.