Edinburg Personal Injury Attorney J. Gonzalez
by Benjamin Treviño | March 25th, 2026 | Blog, Hit-And-Run, Personal Injury
Can a personal injury claim proceed when the victim is incapacitated?
By: Benjamin Treviño
Yes. A personal injury claim can still proceed when the victim (plaintiff) is incapacitated. However, a legal guardian, conservator, or “Next Friend” (often a family member) must be appointed by the court to file or pursue the lawsuit on their behalf.
Keys aspects to keep in mind
Representation
Because an incapacitated person cannot manage legal affairs, the court appoints a representative to protect their interests. If a Power of Attorney (POA) exists, that person may act, but court-appointed guardianship is often required for lawsuits.
Statute of Limitations:
The deadline in Texas to file a personal injury lawsuit is normally two years from the date of the injury. In cases where the plaintiff is left incapacitated, the statute is tolled (paused) while the plaintiff lacks mental competence.
In Texas the clock starts running only when the disability is removed.
Damages Recoverable
The lawsuit can seek compensation for all losses, including past and future medical costs, lost wages, pain and suffering, mental anguish, and reduced quality of life.
Process
A petition is filed to appoint a guardian/representative, often requiring a hearing and evaluation to confirm the incapacity.
If the plaintiff was incapacitated at the time of the incident or became so due to the injury (e.g., traumatic brain injury), they are considered to have a “disabling condition.”
Contact J. Gonzalez
If a friend or loved one has been incapacitated in an accident, the J. Gonzalez Law Firm would like to hear from you. J. Gonzalez and his team of expert personal injury attorneys will ensure that the client’s representative receives personalized legal representation backed by a proven track record of successful outcomes.
The J. Gonzalez Law Firm provides direct communication with an attorney so you don’t have to rely on a case manager to meet your unique legal needs.
J. Gonzalez offers a free initial consultation, and you’ll never pay a dime unless he gets the results you deserve. Contact is available 24/7 via this website or by calling 1-800-CAR-CRASH.
Police seek public’s help in Edinburg hit-and-run crash
By: Benjamin Treviño
The Edinburg Police Department is hoping the public can help them track down a hit-and-run driver who left a cyclist critically injured.
According to a news release, the incident happened March 20 at about 9:03 p.m.in the 700 block of East Chapin Road. A cyclist identified as Eric Lee Flores was traveling west in the eastbound lanes when he was struck by a dark-colored 1990s Chevrolet Silverado, the release stated.
The unidentified driver did not stop to render aid, and continued traveling east on Chapin Road. As of this writing, the suspect had not surrendered to police.
The truck is described as a red, single-cab stepside model with a chrome front bumper. Police say the truck had gray rims, a light-colored repair patch on the driver’s side door, and a light-colored tailgate. The vehicle should have damage to its front right headlight resulting from the collision, police stated.
A passerby captured video footage of the suspect vehicle, which can be seen at www.myrgv.com.
Officials are urging anyone with information about the crash or the vehicle in question to contact the Edinburg Police Department at (956) 289-7700 or Edinburg Crime Stoppers at (956) 383-TIPS.
As of this report, Flores remained on life support at DHR Health.