A coma is one of the most severe outcomes in a personal injury case, especially in California where legal protections and compensation options for catastrophic injuries are well established. A coma typically results from traumatic brain injury (TBI) and involves prolonged unconsciousness, often requiring intensive medical care and long-term rehabilitation — or in some cases, lifelong care. If someone else’s negligence caused the incident leading to the coma, California law allows victims and their families to pursue significant compensation.
🧠 What Is a Coma?
A coma is a state of prolonged unconsciousness in which the injured person cannot be awakened, does not respond to stimuli, and may not exhibit voluntary actions. It’s often caused by:
- Severe head trauma (e.g., car accidents, falls, sports injuries)
- Lack of oxygen (e.g., near-drowning, cardiac arrest)
- Brain swelling or bleeding
- Toxic exposure or poisoning
Patients in a coma are typically assessed using the Glasgow Coma Scale (GCS), which measures responsiveness and helps determine the severity of brain injury.
⚖️ Legal Perspective: Coma in a California Personal Injury Case
If a coma results from an accident caused by negligence, such as:
- A motor vehicle accident
- A slip and fall
- Medical malpractice
- Assault or battery
…then a personal injury claim — or in more severe cases, a catastrophic injury lawsuit — can be filed on behalf of the injured person (or by a guardian/conservator, if the person is still incapacitated).
💰 Types of Compensation Available
Because of the seriousness of a coma and its aftermath, damages in these cases can be substantial.
🔹 Economic Damages:
- Medical expenses: ICU care, surgery, life support, ongoing hospital stays, rehabilitation, and specialist consultations
- Future medical costs: Long-term care, home modifications, medical equipment (e.g., feeding tubes, ventilators)
- Lost wages and future earning capacity
- Costs of guardianship or in-home caregivers
🔹 Non-Economic Damages:
- Pain and suffering (if the patient recovers and experiences distress)
- Loss of quality of life
- Loss of consortium (for spouses/partners)
- Emotional distress (for both the injured person and their family)
🔹 Punitive Damages:
In cases of gross negligence or intentional harm (e.g., DUI accidents or violent assault), punitive damages may also be awarded to punish the wrongdoer and deter future misconduct.
🧾 Proving the Case
✅ Evidence You’ll Need:
- Medical records and imaging (CT/MRI scans showing brain damage)
- Neurological assessments and GCS scores
- Expert testimony from neurologists, trauma surgeons, and long-term care planners
- Documentation of care costs, lost earnings, and projected future needs
- Witness statements and accident reconstruction, if applicable
If the patient is in a persistent vegetative state (PVS) or has cognitive or physical impairments after emerging from a coma, this significantly impacts both damages and case strategy.
👪 Who Can File the Lawsuit?
If the injured party is incapacitated, the following people may file a claim on their behalf:
- Legal guardian or conservator
- Spouse or domestic partner
- Parent (for minors)
- Court-appointed representative
A California personal injury attorney can also help petition the court to establish guardianship if necessary.
⏳ Statute of Limitations in California
Generally, a personal injury lawsuit must be filed within 2 years of the date of the injury. However:
- If the injured party is in a coma or otherwise incapacitated, the clock may be paused (tolled) until the person regains capacity — or a guardian is appointed.
- If the defendant is a government entity, you usually must file a claim within 6 months.
👨⚖️ Why Legal Representation Is Essential
Coma cases are medically complex, emotionally charged, and often involve long-term financial consequences. A skilled California personal injury attorney can:
- Help with conservatorship if needed
- Coordinate expert witnesses and long-term care planners
- Handle insurance negotiations or litigation
- Maximize the value of the claim for current and future needs
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].