When a loved one sustains a brain injury due to negligence, you might wonder about your legal options in Colorado. Can you file a claim on their behalf? Understanding the avenues available to you is crucial for seeking justice and compensation. Let’s explore the steps you can take to pursue a brain injury claim for your loved one.
If you sustained injuries in an accident in Colorado, contact the personal injury lawyers at Front Range Injury Attorneys today to schedule your free consultation. Our experienced legal team are knowledgeable and zealous advocates for our clients and their cases. We treat our clients as people, not case files. Learn more about how we can help you pursue compensation for your injuries and damages. Contact our Denver law firm to learn more.
Understanding Legal Authority: Power of Attorney Explained
In Colorado, one way to gain legal authority to file a brain injury claim for a loved one is through a power of attorney. This legal instrument grants you the ability to act as your loved one’s agent, enabling you to make decisions and take actions on their behalf. It’s essential to grasp the different types of powers of attorney to determine the most suitable option for your situation.
There are various types of powers of attorney tailored to specific needs and circumstances. A general power of attorney, also known as a financial power of attorney, is particularly relevant when pursuing legal actions such as personal injury claims. With a financial power of attorney, you can manage financial matters, handle legal affairs, and initiate lawsuits, including brain injury claims in Colorado.
To become a power of attorney, your loved one must formally designate you as their agent. This process involves ensuring that your loved one is mentally competent to make such decisions. If they lack the capacity to pursue a claim independently but can still understand and consent to appointing you as their legal representative, obtaining power of attorney may be appropriate.
Seeking Legal Guardianship
If obtaining power of attorney isn’t feasible in your situation, pursuing legal guardianship might be an alternative route. A legal guardian is granted authority by the courts to make decisions on behalf of an incapacitated adult, such as someone with a severe brain injury. This option empowers you to file a brain injury claim and oversee your loved one’s overall well-being.
As a legal guardian, you assume responsibility not only for pursuing legal actions but also for providing care and making decisions regarding your loved one’s living arrangements, medical care, and more. Before being appointed as a guardian, you must undergo legal processes and background checks to ensure your suitability for the role.
Loss of Consortium Claim
In cases where a brain injury significantly impacts the lives of family members, a loss of consortium claim may be applicable. This type of claim seeks compensation for the emotional and practical losses experienced by surviving family members due to the injury. Losses may include parental guidance, companionship, household services, and financial support.
Wrongful Death Actions
Tragically, some brain injuries result in the loss of life. If your loved one passes away due to a brain injury caused by negligence, you may have grounds for a wrongful death claim. This legal action seeks compensation for the damages incurred by the surviving family members, including funeral expenses, emotional distress, and loss of support and companionship.
Seek Legal Guidance
Navigating the legal complexities of brain injury claims requires expertise and guidance. If you’re unsure about your options or need assistance with your case, don’t hesitate to reach out to legal professionals for a consultation. Front Range Injury Attorneys offers free case evaluations to help you understand your rights and pursue the justice your loved one deserves. Contact our Denver law firm today to speak with an attorney about your family’s needs.