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Loren, Lawyer
Category: Family Law
Satisfied Customers: 33105
Experience:  30 plus years of experience.
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This may fall undr Personal Injury more than family law...

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This may fall undr Personal Injury more than family law... My 52 year old brother was hit by a car while riding a bicycle through an intersection and permanently disabled. Beyond numerous physical handicaps he has a severe TBI. As such, my parents secured guardianship ( I think). Whe I ask who is representing my brother in the injury case, they won't tell me, and when asked if there have been any hearings in the last year, they say that their attorney is "researching" the matter.
My issue nd concern is as follows: my father is in his 80's and when he passes, my brother will be my only blood relative left. I am concerned that about his future, and how he will be cared for.
Can I bring suit against the individual that hit him on his behalf?
If my father is now guardian, settled with the insurance company out of court and will not share the information with me, what will happen to my brother once he passes away? 1. 1. How can I find out what arrangements have been made for my brother? If a settlement was reached outside of court, a trust was established and provisions have been made to care for my brother after my father passes, this is all I need to know.
2. Can I bring another suit against the individual that disabled him if my parents have a settled a case? For example, I lost my brother because of this accident, his brain injuries are so extensive that he will never live outside of a hospital setting. I would like to ensure any settlement proceeds from this suit go toward his ongoing medical care.
The accident occurred in Ohio, April, 2011.
Submitted: 5 years ago.
Category: Family Law
Expert:  Loren replied 5 years ago.
1. You can go to the clerk of the court and request the court file to examine and find out the status of the case and any settlement orders entered. It would show if a guardian was appointed and who was paid.

2. If the case has settled and a release was signed, you would not be able to maintain another suit.
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Customer: replied 5 years ago.
Unfortunately, I do not know if a case was ever filed. When this happened a year ago, I asked my parents to get a lawyer, and they told me that they did retain one. That said, when I asked who was representing my brother, they told me that they preferred not to discuss it with me, that they were handling it. 3 months later, questioned how things were proceeding? their response was" everything was fine, they had not heard anything from the attorney, however we're confident she was representing them just fine. I found it odd that there would be no discovery, preliminary hearings, etc. When a year passed and I asked again, the response was " they still had not heard anything from her, that she was researching things" my response was that this was completely unacceptable. I have no idea what the status is, if a suit was ever brought, if my parents ever secured representation or really secured guardianship of my brother.
The only thing I know is that he survived this horrific accident, is permanently disabled, has been shuffled fom hospital to hospital and now in a care center. I have the police records, name of the woman who hit him and that is it.
What are my rights as his only sibling?
What do you suggest regarding the above?
thank you
Expert:  Loren replied 5 years ago.
You can still ask the clerk to search the records to see if a case has been filed in your brother's name. You can also check with the probate court under your brother's name to see if a guardian has been appointed. If not, you can file a petition to be appointed his guardian and, once that order is entered, you can take over the prosecution of the claim on behalf of your brother.
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Customer: replied 5 years ago.
One more issue has surfaced with regard to this matter. I do call the care center on a daily basis to speak to/with my bother. It's not clear how much he truly understands however, important that he knows that he hasn't been left there completely alone.
Today when I called, the nurse informed me that my father contacted them after this recent discussion around my brothers "care", and provisions for the future and instructed them not to share any information about my brother with me. That if asked any questions they should direct me back to him ( interesting approach as he will not hare any information with me either). In any event, I was told that he has not restricted my ability to contact him, yet, however could in the future. This indicates he must have guardianship, however I am at a loss as to what the big "secret" is here.
As my brothers guardian , can he prevent me from visiting or calling him? This would be an irrational step for him to take , further making me question what they are hiding or attempting to "protect".
What rights do I have?
Expert:  Loren replied 5 years ago.
Though I do not know what it would it accomplish, if your father were the court appointed guardian he could control access to your brother by instructing the care facility.
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