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Car Accident Injuries

Brain Injury FAQs

Brain Injury Frequently Asked Questions

If I suffered a concussion, can I make a personal injury claim?

If you have suffered a concussion, you may pursue compensation through a personal injury claim. However, a concussion does not necessarily mean that you will win a case. Lawyers would need to assess the seriousness of the injury with medical professionals. These professionals would review your medical records and treatment to determine the severity of the injury. A record of symptoms, such as migraines, and how the injury was treated is important in gauging the seriousness of the concussion.

What happens if I am incapable of making decisions?

If you are unable to make decisions regarding your legal matter due to your injuries, someone else must do so in your place. This person is known as a Litigation Guardian. Litigation Guardians must confirm they understand their role is to represent you while you are unable to do so. A litigation guardian is necessary because someone has to give your lawyer instructions. A lawyer may lay out your legal options, but can not make the choice for you. If the lawyer does not receive instructions, the lawyer is unable to move forward.

Who is eligible to be a Litigation Guardian?

Generally, an appointed power of attorney may step in and act as a litigation guardian for any legal proceedings. However, if there is no designated power of attorney, a trusted friend or family member of legal age may act in the role. This person must swear an affidavit indicating they consent to this role, and to prove they have your best interests in mind. If an appropriate litigation guardian cannot be found, a public guardian or trustee may be appointed by the courts. Minors are not permitted to act as litigation guardians.

What is the role of a Litigation Guardian?

The role of the litigation guardian is to stand-in for the incapacitated victim while the legal matter is active. The litigation guardian is not part of the claim itself.

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