Legal Question in Personal Injury in Texas
I am asking this question for a friend... Her boyfriend was involved in an on the job accident. He was smashed between 2 diesel 18-wheelers while working at a truck stop. His pelvic bones are crushed and doctors are not sure if they can piece it back together. He has internal bleeding and kidneys are now failing. He is in an enduced coma because of all the pain and they want his body to be relaxed and try to repair its self in between numerous surgeries. His family (mother, father, aunt, uncle) who never sees him, came in from Alabama. He has been living with his girlfriend for 4-5 years. Since his family got in from out of state all they have been worried about is how much money they can get whereas the girlfriend is worried about his best interest. This accident happened 4 days ago and as of yesterday the mother made it so that the doctors and nurses cannot tell anyone anything about his condition except the mother and father. If anyone wants to know anything they have to ask the parents and of course the parents are rarely there at the hospital but the girlfriend is always there and is concerned about him and what is going on with him. The patient is about 25 years old or maybe a few years older and cannot speak for himself at the moment. Is there any legal form of action that the girlfriend can do to have more "say-so" in his best interest or anything she can do since his money hungry family isn't looking out for him only what they can get out of it?
2 Answers from Attorneys
Your friend may be able to become involved if she can prove she is his spouse by common law. Further, his family has no claim at all unless he passes away. It is his claim only. However, someone can obtain a power of attorney over him to make legal decisions for him. I would be glad to answer any questions they may have. 512-472-8318
I agree with Mr. Polan's response except to the extent that he references a power of attorney. Unfortunately, he is not in a position to provide a power of attorney due to his present condition and once he is in a position to name an attorney-in-fact he should not need one (barring a relapse after he becomes conscious).
Further, proving that your friends are common-law married will not be a fast process and will probably require your friend hiring an attorney to assist in a hearing (and may have other complications down the road). Hopefully he will be in a better position before such a determination could even occur.
The best bet is to wait until your friend regains consciousness and he can worry about his affairs with the assistance of whomever he chooses. Like Mr. Polan mentioned, the family would not be able to benefit from the incident unless your friend does not pull through. Further, it would not hurt to get an attorney involved at this point to preserve evidence as it appears your friend is going to have some long term repercussions from this incident.
Best of luck and if you have any additional questions please feel free to contact me.
Andrew Hawkins
Hawkins & Walker, PC
701 W. Belknap
Fort Worth, TX 76102
817/877-3355 x. 11
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
