How Can You Access a Personal Injury Attorney If You Need Help in Making Decisions?

1. June 8, 2017 How Can You Access a Personal Injury Attorney If You Need Help in Making Decisions? Although many personal injury claims are for recoverable injuries, sometimes people are injured so badly that they require lifelong support. A serious head injury particularly impedes one's ability to make decisions in their best interest. Everyone should be entitled to receive compensation for their injury, even if they’re not able to make that decision themselves. But, what is the legal definition of competence and capacity? Furthermore, how can you go about supporting someone with such a claim? 1

2. What is Competence and Mental Capacity? Under U.S. law, everyone is assumed to possess the mental capacity to make decisions for themselves unless proven otherwise. Mental capacity is decision specific, so someone may be able to make a decision about their daily lives but be unable to consent to a personal injury case. Competence also regards the mental capacity of an individual to be a part of legal proceedings. You’ll need to demonstrate that the person you’re supporting is incompetent in this area before you step in on their behalf. If you feel the person you’re supporting doesn’t possess capacity to consent to a claim, a professional such as a doctor or social worker must assess that person's ability and render a decision regarding the person's capacity. The attorney of your choice should direct you to a suitable agency or individual for an assessment. Supporting an Incompetent Person with a Personal Injury Claim Another individual If an individual possesses power of attorney for health decisions allocated before an injury, that person can make life decisions when required. If you’re pursuing a personal injury claim and are acting in the best interests of someone else, no problems should be encountered as long as there is no dispute about your supporting status. To act in someone else’s best interests, you should weigh the pros and cons of a situation to determine which outcome is preferable. In the case of a personal injury claim, you may consider that the result of a successful case may provide the care and support necessary on an ongoing basis to salvage the remaining needs in someone's life, even if a case might be time consuming and stressful for the individual. This can save a family or loved one in support of the injured a lot of money and duress. Working Closely with an Attorney and Individual When possible, involve the claimant in their own case. Some may be able to articulate their wishes and feelings even if decision-making escapes them. Always be open and honest with the personal injury attorney and gather suitable evidence from health care professionals, previous employers and 2

3. any other relevant sources to support the case. You should act as if it were your own case in order to properly present an incompetent individual. If you need to file a personal injury claim for yourself or on another person’s behalf, contact a trusted attorney to arrange an appointment to discuss the situation. About D&Z Law Group: Everyone should be able to access a personal injury attorney, no matter what their level of competence is. If you need a lawyer who will treat you fairly, act honestly and fight aggressively on your behalf, contact D&Z Law Group to find out how we can help you win your personal injury case. Sources: How to Legally Declare Someone as Mentally Incompetent? , TheLawDictionary.org Mental capacity, legal competence and consent to treatment, NCBI.nlm.nih.gov 3