In short, yes, a parent of a disabled adult who cannot make their own legal decisions can file a personal injury claim for their child. However, there is additional work to be done on this front, and many adults find it difficult to manage on their own. When you involve a personal injury attorney in Henderson, you can start the process for getting a conservatorship, prove your legal custody over the adult and initiate your claim. Initiating the claim is the first purposeful step toward getting compensation for your child’s injury.
Disabled Adults Often Have a Legal Guardian
There are a great number of disabled adult services available in Nevada, but often, the support comes from those closest to the disabled person. Many disabled adults will have their parents carry legal custody or guardianship even into their adult years. That’s not to say that they can’t refuse treatment or something similar if they are mentally competent. But it may mean that the adult can take action on their behalf when they are not mentally competent.
If a disabled adult was abused, mistreated, assault, or simply hurt in a public area, it would fall to their legal guardian to take action. The victim, in this case, may not realize that the tens of thousands of dollars in medical debt from a trip and fall accident is someone else’s responsibility.
The extent of guardianship, legal custody, or a power of attorney will change or vary depending on the situation. A disabled young adult may be more mentally capable than the parent believes, and the same can go the other way. These decisions often don’t come up until something like this happened when the parents involved realizing that their adult child is not able to make these legal decisions independently.
Handling Statutes of Limitations
Nevada has a two-year statute of limitations for harm, and for children, there’s a window where they can sue as adults if their parent’s failed to take action when they were children. That is not the case with adult disabled children. If a parent has a disabled child over the age of 18, they are working with that same two-year window. It is not a window that ever resets or reopens, so it’s vital that family members understand that it’s important that they take action quickly.
Obtaining a Conservatorship
A conservator usually isn’t a parent, but it can be, and what they do is manage the financial elements and daily life of anyone who mentally or physically cannot handle these things. This happens when children make a great deal of money, when elderly people fail to make reasonable or rational finical decisions, and when people with adult disabilities need help.
Only a judge can appoint a conservatorship, and often they do this so that the adult can facilities funds and make legal or financial decisions for the incapacitated person. You may need to obtain a conservatorship to not only initiate the personal injury claim but to manage any compensation that comes from the claim afterward. This is one more option to having a power of attorney, and often it’s the route that people take with disabled adults.
Seeking Legal Action for a Personal Injury Claim for a Disabled Adult
The best way to start this is by contacting a local personal injury law firm in Henderson. Then you will sit down and explain that you need to file on behalf of this other person. You may already have a conservatorship or power of attorney. But, if not, then they can help you understand what your next step would be to continue with your claim.
Although your child is technically an adult, certain disabilities may make it so that they cannot handle legal matters on their own. The end-result is that parents are often left taking legal action or guardian-type responsibility for their adult child. The parents of disabled adults can file for SSDI, SSI, and more for their child, and often, they can go through and file a personal injury claim as well.
It doesn’t matter if your adult child was bitten by an aggressive dog or if it were a simple trip in a restaurant. The result of both situations is the same. You’ll have additional medical bills and recovery expenses that you need to cover. With Nettles Morris, you can file a personal injury claim for your disabled adult and take control over the claim. Contact Nettles Morris of Henderson, NV today.