Ultimately, the injured person is the client and is the one entitled to file a claim. In a situation where the injured person cannot communicate because of his or her injuries, an attorney could work with the family to ensure the injured person is adequately represented.
If an injured person previously executed power of attorney, through which a family member or other individual is appointed as an Agent, that Agent then acts as the agent of the victim by making decisions and signing papers on his or her behalf.
On the other hand, if a victim is incapacitated or unable to make or communicate decisions, and he or she did not previously create a power of attorney, the court appoints a guardian to act on behalf of the injured person. The guardian could then handle the logistics for the case on behalf of the victim.