How To Pursue Compensation If Disabled Victim Cannot Speak with Lawyer? 

A victim that lacks the ability to speak with a personal injury lawyer in Newmarket has other options to pursue.

Establish a conservatorship

• Plan for relative or friend to undertake the necessary legal action
• The potential conservator must file a petition.
• The victim has the right to object, if not in favor of the conservatorship.

At a hearing, the potential conservator must submit a petition and must show that he or she is able to act in the victim’s best interests

How a potential conservator can look like he or she is able to act in the victim’s best interests?

Show that the victim lacks the ability to understand the issues on which he or she must make a decision. By the same token, the victim cannot communicate his or her thoughts to others.

Indicate that the victim has no protection against someone that seeks to trick him or her, unless you can act as a conservator. In other words, you would stand ready to keep others from trying to gain access to the victim’s money or other assets.

If you were a potential conservator, then you should demonstrate an awareness of all the threats that could pose a challenge to your readiness to protect the victim. For instance, someone might try to obtain a right of attorney from the victim. Alternately, someone might try to have the victim write a new will, and mention that same person in the will.

Another possibility, if victim is a minor

In that case, the court could receive a request for extension of the time that can pass before the deadline, as determined by the statute of limitations. That would give friends or relatives more time for seeking guidance on how to locate and contact a suitable lawyer.

After the disabled youth has reached the age of 18, he or she would have 2 more years in which to decide on the best action. Only after the passage of those 2 years would the deadline, as given in the statute of limitations be enforced, meaning that no further legal action could be taken.

If the court did not extend the deadline, then a disabled minor would have no means for gaining compensation for any future economic problems. For instance, if a planned operation interrupted his or her career plans, an opportunity for acquiring a useful education, or some useful training might be missed.

Usually, the more education or training that someone could receive, the greater the chances that the same person should be able to earn more money. In other words, an economic damage would go uncompensated. There might also be non-economic damages that had to go uncompensated.

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