Being involved in a car accident can be devastating, even if the physical injuries are considered minor. Being involved in a car accident that leaves the driver or passengers with permanent brain damage or compromised mental abilities is life-changing. These victims face many difficulties that others do not have to endure.
When a legal case is opened for physical and mental damages, there are many things that must also be considered to make these victims “whole” again. While their cognitive skills cannot be restored, it is crucial that the victims are cared for properly for the remainder of their life.
According to one South Carolina attorney, victims in that state don’t often get what is due to them; they often have to go to court and fight. Residents there who face this type of dilemma concerning an injured loved one may have to take additional legal steps to ensure the safety and well-being of the injured party. Even if you have submitted a claim to an insurer, it would be best to contact local counsel like a Charleston personal injury attorney to ensure you receive all your entitled rights.
Three Legal Steps That Must Be Taken
1. Work With Your Personal Injury Attorney. You will need to work closely with your lawyer to make sure that the offending party acknowledges the seriousness of this problem and offers compensation accordingly. You need to make sure that it is clearly established that your loved one will require long-term care for their injuries.
2. Establish Guardianship and Power of Attorney. You will need to go before the Court and have guardianship rights and Power of Attorney established so that you can manage your loved ones finances and medical issues. Without these legal documents, you could face having the State make medical decisions about your loved one.
3. File For Social Security Disability Benefits Right Away. The settlement that you will receive will be necessary to pay for the continued care of you loved one. You will also need to make sure that they have a monthly income so that their daily expenses are met. At this time, you may also need to apply for other forms of assistance if their income level is too low for sustained living.
Other Issues That You May Need To Address
As the responsible party, you will also have to take into consideration that you will have to manage where your loved one lives and to what extent they will need care. If they are to remain in their home, they may need daily care for simple personal chores and house repairs, or their condition may require them to live in a care facility. Contingent on the cognitive abilities of the victim, also discuss options with them so they can participate in the decisions.
This is something that also must be discussed with your attorney prior to the acceptance of any type of settlement. Care management can become expensive over time, and you will need to make sure that the responsible party allots enough in their offer for their continued care.
In the end, the most that you can do is fight for the rights of your loved one to receive proper care for the rest of their life. You will have to take every precaution necessary to make sure that the insurance provider offers a fair and honest settlement, and you will need to make sure that all legal paperwork is in place for you to make decisions on their behalf.
Teresa Stewart understands the tragedy of healing the body but not the mind that sometimes happens after serious vehicle auto accidents. Search the internet for the term Charleston personal injury attorney to get legal information about your rights in South Carolina.
Photo Credit: http://www.flickr.com/photos/home_of_chaos/2260179757/
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