A partially coherent stroke victim in a rehab center was served papers that he was being sued for continued hardships from an auto accident he was at fault for two years ago. He has no legal guardian or representative. He was told he has 30 days to respond and envelope was left on his bed/table. He is incapable of reading or really understanding what was delivered. Who can respond to the lawsuit? Should someone at the center have intervened? Expectations for his mental recovery are slim, and distant family has been out of touch for over 20 years...
2 Answers from Attorneys
If he had insurance at the time, forward the papers to that insurer, who has a duty to defend the case and pay the judgment if any.
The lawsuit papers must be delivered to the automobile liability insurer having coverage for the motor vehicle accident ASAP. That insurer will hire an attorney and defend the case.