Can I bring a claim if my loved one has dementia or cannot speak for themselves?

Yes. Cognitive impairment does not diminish a resident’s legal rights, nor does it prevent a claim. The facility owes a heightened duty of care — not a lesser one — to residents who cannot advocate for themselves or communicate distress.

In cases where a resident lacks capacity, a family member with legal authority (power of attorney, guardianship, or status as personal representative of an estate) can bring the claim on their behalf. We routinely handle cases where the injured resident is nonverbal, severely cognitively impaired, or has since passed away.