Conservatorships for Motorcycle Accident Victims

Experienced Attorney

Motorcycle accident victims and their families may experience devastating, life changing results. The repercussions of a serious accident can lead to a variety of outcomes. For the victim, the accident may result in incapacitation. They may, as a result, obtain a significant personal injury settlement if the person who caused the accident is found liable. As a result, family may have concern over the victim’s ability to care for themselves. Some may look to consider a conservatorship as a way of safeguarding assets and protecting the accident victim.

Motorcycle Accidents

Some survivors of motorcycle accidents may be able to walk away after sustaining minor injuries. However, motorcycle accidents can be deadly, for those lucky enough to survive one, the injuries sustained could be lifelong. Unfortunately, there are a number of reasons a motorcycle accident can result in more serious injuries:

• Motorcyclists take up less space on the road, a driver may have greater difficulty seeing them
• Motorcycles offer very little safeguards. If they have been in a collision there is no car surrounding them to offer protection. As a result, the motorcyclist may be hit directly by the car or thrown from the bike.
• Poor driving conditions such as road construction or bad weather can cause a victim to lose control of their motorcycle.  

Sadly, motorcyclists may experience incapacitation from the accident they have suffered. Pursuing a conservatorship may be in the best interest of an adult who is unable to sustain their own care.

Benefits of Conservatorship

It’s not uncommon to consider a conservatorship for a motorcycle accident victim who has been incapacitated due to the injuries that were sustained. A conservatorship is a court driven process that appoints a person to manage an adult who is unable to do so themselves. This may be an especially viable option if the person in the accident sustained a substantial personal injury settlement from the motorcycle accident. An accident victim may not be able to do anything to manage these funds if they are in a coma and unable to care for themselves in any way. Other situations may include a victim who has a serious injury that impacts their cognitive functioning so severely that they are unable to care for themselves or make financial decisions on their own. A conservatorship can:

• Provide court oversight, offering an additional layer of protection
• Give peace of mind to all involved
• Requires that the conservator is accountable to the court by filing financial transactions, care plans and asset inventories
• Can utilize a neutral party to act as conservator when familial tension is present

A conservator is a person who is charged with keeping the injury victims rights at the forefront, in addition to protecting them from people who may try to take advantage of them. Taking on the role of a conservator is a huge commitment as you will be charged with managing nearly every aspect of your loved ones life. It’s important to consider this prior to taking on the responsibility, there may be other options available if the task feels like more than you can handle.

Suffering an accident that has been incapacitating will almost always change the accident victim’s life significantly. Protecting your loved one by acting as their conservator can be a way of safeguarding their assets and ensuring that they receive the best care possible. It’s important to point out that there can be variations to conservatorship and the process depending in the state where you reside. For more information regarding the process, and next steps, contact an estate planning lawyer Abingdon, VA relies on.  

Thank you to our friends and contributors at The Law Offices of Mark T. Hurt for their insight into conservatorships and estate planning.