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Charleston Personal Injury Attorneys / Blog / Car Accidents / Can Coma Victims Sue After South Carolina Car Accidents?

Can Coma Victims Sue After South Carolina Car Accidents?


Comas are relatively common after car accidents in South Carolina. The human body can only take so much damage before it shuts down in an attempt to heal. Often, there is no way of knowing when – or if – a patient will ever recover from a coma. It could be a few months, or it might be a few years. Some patients never fully recover and remain in a vegetative state for the rest of their days. If you or someone you love experienced a coma after a car accident, you might be considering legal action. Is this possible?

You Can Still Sue After Waking Up From Your Coma 

If you wake up from a coma, you can sue regardless of how much time has passed. Even if you have been in a coma for 20 years, you can still pursue legal action against the negligent party who caused your car accident. This logic applies to all other types of accidents as well, including slips and falls, negligent security (assaults), and more.

Normally, the statute of limitations prevents personal injury lawsuits after a few years pass. However, this time limit only begins once you become aware of your own injuries. As a coma victim, you were not aware of your injuries until the moment you regained consciousness. Therefore, you can sue after waking up from a coma. That being said, it makes sense to get in touch with a personal injury attorney as soon as possible after regaining consciousness. Evidence may become lost or unreliable after so many years, and your lawyers need to begin work on your case right away.

Can I Sue on Behalf of a Comatose Family Member?

 What if you are trying to file a lawsuit on behalf of a comatose family member? You may not need to wait until the patient wakes up. However, you can only act on behalf of your incapacitated family member if you become their guardian. You may also become their “agent” if the family member has a medical or financial power of attorney established.

Speak with an experienced personal injury lawyer to learn more about this challenging situation. You may need to petition to become the comatose patient’s guardian before moving forward with your lawsuit. A lawsuit of this nature may be crucial to continue funding your family member’s medical bills while they fight for survival.

If the family members die, you can file a wrongful death lawsuit without first becoming a guardian or agent. This might be an important factor in the decision-making process as family members decide whether or not to “pull the plug.”

Find an Experienced Car Accident Attorney in South Carolina 

If you’ve been searching for an experienced car accident attorney in Charleston, look no further than Mickelsen Dalton, LLC. We know that a coma can be incredibly distressing for both the patient and their family member. However, there is always hope for justice and compensation. Reach out today to discuss how you might cover your damages after a coma in South Carolina.




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