Calling a Lawyer for Someone in the Hospital in Illinois

Published: November 10, 2026

Yes. A spouse, parent or adult child can make the first call to an Illinois injury lawyer for someone in the hospital, gather papers and ask questions. The claim belongs to the injured person. Signing for an adult takes a property power of attorney with the claims power, a guardian, or the injured person once he is able.

You are calling for your husband, your mother or your daughter. The person who was hurt is still in the hospital and cannot come to the phone. You can make that call, and you can bring whatever papers you have. The decisions about the claim stay with the injured person, or with someone the law lets act for him. Here is what you may do now, who may sign when he cannot, and what the hospital may tell you.

Can I call a lawyer for someone else who was hurt?

Yes. A family member may make the first call. Under Illinois Rule of Professional Conduct 1.18, what a prospective client tells a lawyer stays confidential even when no one hires the firm, and that covers your call.

The claim for his injuries is his. Under 750 ILCS 65/1, a married person sues and is sued as if unmarried, so a spouse cannot bring or settle the other spouse’s claim as her own.

What can I do for him while he is in the hospital?

Quite a lot, and none of it needs his signature. Start with the paperwork that scatters in the first week:

The crash report number, or the police department and date if the report is not ready.
The name of every hospital and clinic, and the discharge papers as they come.
Photos of both insurance cards and of the other driver’s information.
Every insurance letter, voicemail and text, with the date and the caller’s name.
A dated note of what he tells you about the crash and how he feels.

Bring what you have; the list does not have to be complete.

If an adjuster calls, take the name, company, claim number and callback number. Ask which driver’s claim the adjuster is handling, because the same company can insure both drivers. He owes no recorded statement to the adjuster handling the other driver’s claim, so you can take a message instead of answering questions about the crash. Requests under his own policy are different: that policy carries cooperation duties, so get advice before anyone refuses or answers.

Who can sign for an adult who cannot sign?

Three routes exist, and a document he already signed may decide which applies.

A power of attorney for property. If he signed an Illinois power of attorney for property and left the claims and litigation power in it, the agent he named can hire a lawyer and sign the fee agreement. If it comes to that, the agent can settle the claim for him. 755 ILCS 45/3-4 spells out that power and bars the agent from acting as his lawyer in court. Read the document, because it says when the agent’s authority begins; many say the agent acts only after a doctor’s signed written finding that the person cannot make decisions.

A health care power of attorney. A health care power of attorney under 755 ILCS 45/4-10 lets the agent make medical decisions, talk with the doctors, and see and share the medical records. It is the document the hospital needs. On its own it gives the agent no authority over an injury claim.

A guardianship. With no power of attorney, a court can appoint a guardian, only on clear and convincing evidence that he cannot manage his person or affairs, and only to the extent needed. The guardian of the estate appears for him in legal proceedings under 755 ILCS 5/11a-18, and any settlement made for him needs the court’s leave under 755 ILCS 5/19-8. If he signed a power of attorney, the agent keeps acting unless a court orders otherwise.

The injured person himself. In most cases nothing has to be signed on the first day. When he is able, he signs the fee agreement himself, and the lawyer takes direction from him. A new power of attorney is his to sign, and no one signs one for him.

What can the hospital tell me, and can I get his records?

The hospital can talk with you about his condition and his care as a family member involved in that care. Under the federal privacy rule, 45 CFR 164.510, a provider may share with a relative the information directly relevant to that person’s part in the patient’s care or payment. While he cannot speak for himself, the provider uses its judgment about what to share. Illinois law treats a health care agent as his personal representative under that rule.

Getting a full copy of his records for a claim is a separate step. Under 45 CFR 164.508, a records release names what is disclosed, by whom, to whom and for what purpose, and it carries an expiration. He signs and dates it once he is able, or someone with legal authority to act for him signs, with that authority described. The lawyer prepares those forms.

Is what I tell the lawyer kept private if I am the one calling?

The lawyer’s professional rules require confidentiality for everything relating to the representation, whatever its source and whoever was in the room. The injured person is the client, and a spouse or parent who is helping is welcome in the conversation. A separate protection, the attorney-client privilege, keeps those conversations out of court later, and having another person present can affect it. When a family member is helping a client who cannot manage alone, Illinois treats that presence differently from a bystander. Illinois has no bright-line rule for a relative who sits in for convenience, and that is the one point in this post where the law is unsettled. Tell the lawyer at the start who is on the line and why, and let the lawyer structure the conversation.

He was a passenger in my car. Is his claim separate from mine?

Yes. A passenger’s claim is the passenger’s own. If your husband was riding with you when another driver hit your car, his claim is separate from yours. It can be made against whichever drivers were at fault, including a family member who was driving. Illinois lets a spouse bring a claim against a spouse, and a child against a parent, for careless driving. Under 735 ILCS 5/2-1116, his own share of fault, if any, is what reduces his claim, and a share above 50 percent bars it.

How the car’s own policy responds to a passenger from the driver’s household depends on the policy language and needs review for your situation. Our post on passenger injury claims after an Illinois car accident covers who a passenger can claim against and the coverage available.

Do I have a claim of my own as the spouse?

You may. Illinois gives a husband or wife a claim called loss of consortium for what the injuries have taken from the marriage: his company, his help at home, the relationship itself. It is a separate claim, but it rises or falls with his claim and is brought together with it. Under 735 ILCS 5/13-203 it runs on the same deadline as his claim. A parent of an injured adult child, or an adult child of an injured parent, has no claim of their own for the lost relationship when the injury is not fatal.

What about a child who was hurt?

For a child, a parent or guardian brings the claim, and the medical bills the parents owe for the child are part of it. Illinois requires a judge to approve any settlement of a child’s injury claim. Our post on why an Illinois court must approve a child’s injury settlement walks through what the judge reviews and where the child’s money goes.

Is there a deadline while he is still recovering?

The general deadline to file an Illinois injury lawsuit is two years from the crash under 735 ILCS 5/13-202. 735 ILCS 5/13-211 pauses the clock while a person is under a legal disability, but courts read that term narrowly, so do not count on it. Make the call now, and the lawyer tracks the deadline.

What happens on the first call?

You call, we listen, and we tell you what we would need. Our post on what to expect at a free consultation with Parker & Parker describes the meeting itself.

The consultation is free, and the fee is a flat one-third contingency fee on personal injury cases, whether the case resolves before suit, after suit is filed, or at trial. No fee unless we win. Robert Parker personally handles every case the firm accepts, and Parker & Parker serves Peoria, Tazewell, McLean, Knox and Woodford Counties.

If another driver caused the crash, our Peoria personal injury team gathers the evidence, handles the insurers and works out what the claim is worth. You can make that first call for him.

Call 309-673-0069 or use the contact page to set up a free consultation.

Frequently Asked Questions

Can I call a lawyer for my husband while he is in the hospital in Illinois?

Yes. A spouse, parent or adult child can make the first call, and what you tell us stays confidential whether or not anyone hires the firm. The claim belongs to the injured person, so the decisions are his, or his agent’s or guardian’s if he cannot make them.

Can I sign a fee agreement or a settlement for an injured adult in Illinois?

Only with legal authority. An agent under a property power of attorney that grants the claims power can hire a lawyer, sign the fee agreement and settle. A guardian of the estate can act, and a ward’s settlement needs the court’s leave. Otherwise the injured person signs once he is able.

Can the hospital talk to me about my husband, and can I get his records?

The hospital can share with a family member involved in his care the information directly relevant to that involvement. A full copy of his records for a claim takes a signed release from him once he is able, or from someone with legal authority to act for him, with that authority described.

He was a passenger in my car. Can he make a claim if I was driving?

Yes. His claim is his own, and it can be made against whichever drivers were at fault, including a spouse or parent who was driving. How your own policy responds to a passenger from your household depends on its language and needs review.

Is it too late to call if he will be in the hospital for months?

No. The general deadline to file an Illinois injury lawsuit is two years from the crash. A rule pauses the clock for a person under a legal disability, but courts read that term narrowly, so make the call now and let the lawyer track the deadline.

If you or a loved one has been injured in a car accident, the personal injury lawyers who handle car accident cases are ready to help you pursue the compensation you deserve.

Can I Call a Lawyer for Someone Else Who Is in the Hospital in Illinois?