CNN reports that the adult sister of a dece
ased disabled boy is calling for an investigation of their state’s Department of Human Services and public schools, claiming that those organizations were responsible for ensuring the boy’s safety.
Her father was guardian at the time of the boy’s death from pneumonia. The sister says that she reported her father to the Department of Human Services, but that they did nothing, resulting in the boy’s death.
In a case where a disabled person is injured by someone else’s negligence, who can sue? It depends on the circumstances. First, there’s no general prohibition on a disabled person suing on his or her behalf. As long as they have the capacity to bring the suit, it isn’t necessary for a family member to get involved. But where the disabled person doesn’t have the capacity to sue on his own behalf, the guardian can bring suit for them. In that case, the guardian can bring a lawsuit seeking recovery for the disabled person’s injury.
Where the disabled person died as a result of his or her injuries, as in the case described above, a representative of the deceased’s probate estate, with the assistance of a wrongful death attorney, can bring a claim against the person responsible for the disabled person’s death. Any money recovered in the case must be held for the disabled person’s benefit. If they are deceased, the recovery will benefit their estate.
The payment received in a case like this can go a long way toward caring for a disabled person who has been injured by another’s negligence. These cases are particularly difficult, but an experienced St. Louis personal injury and wrongful death attorney can help guide you through the process of ensuring that your disabled loved one is fairly compensated for their injuries.