An Overview of Comas
The Mayo Clinic defines coma as “a state of prolonged loss of consciousness.” Some common causes of coma include stroke, brain tumor, traumatic head injury, or a lack of oxygen after a near-drowning or a heart attack. When a patient is comatose, the healthcare providers must treat it as a medical emergency. Brain function and the patient’s life are at risk without quick action.
Usually, a coma is a transition state, meaning the patient does not remain comatose for longer than a few weeks. Sometimes, the patient gradually gets better and eventually regains consciousness. However, if the patient remains unconscious, they might go into a persistent vegetative state or become brain dead, which is irreversible.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientHow to Prove That Someone Else is Liable for Injuring Your Loved One
Even with a comatose patient, we must prove who was at fault for their medical condition. For example, let’s say that the comatose patient experienced the loss of consciousness because of the devastating head trauma they suffered in a motor vehicle crash. We cannot simply tell the judge that the other driver is liable because of the severe injuries.
We will have to prove all four of these factors to hold the at-fault party liable for the losses and injuries:
- The defendant owed the plaintiff a legal duty of care. In the car accident scenario, all drivers are obliged to follow the road rules and drive with caution under Louisiana law.
- The defendant breached their duty of care. Engaging in conduct that violates a legal duty of care is negligence. Careless conduct by itself, however, is not enough to subject a person to liability.
- We must also prove that the negligent conduct caused the accident that resulted in the catastrophic injury.
- Once we can prove those three things, we must show that the plaintiff has quantifiable losses. Therefore, physical injuries satisfy the requirement of measurable damages.
After we establish the liability of one or more parties for the accident that caused the devastating harm, we can pursue a claim for compensation for the injuries and other losses.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientHow a Coma Lawyer in Marksville, LA, Could Help with Your Injury Claim
You do not have to go through the claim or litigation process alone. After going through the shock that your loved one is in a coma, it will likely take all of your strength to deal with your current situation. Therefore, you can leave the legal matters to us.
- We can talk to you about the accident and any other relevant information.
- We will investigate the circumstances and gather the evidence to build your claim for damages.
- We can provide the information the defendant’s insurer requests and negotiate directly with them to reach a fair settlement.
- If the case does not settle, we can file a lawsuit and put the case in front of a judge and jury.
- We can still engage in negotiations even after a lawsuit gets filed. For example, most personal injury cases settle without going through a trial.
This list is merely a brief overview of the many tasks required in handling a legal claim for a comatose patient.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientDeadline for Taking Legal Action on Behalf of a Comatose Patient in Louisiana
Louisiana has a very short window of opportunity for filing a personal injury or wrongful death lawsuits. For example, if your loved one got injured because of someone else’s negligence and ended up in a coma, the statute of limitations, also called the filing deadline for the personal injury lawsuit, is one year, according to CC Art. 3492.
If your loved one eventually succumbed to their injuries and lost their life, CC Art. 2315.2 limits the family to one year to file a wrongful death lawsuit. After the filing deadline for the case expires, the defendant’s insurance company will not negotiate with you because it is no longer liable as a matter of law.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientCompensation for Comatose Patients in Marksville
There is no predetermined amount of money damages a person could claim for suffering injuries to the point of a coma in Marksville, Louisiana. Instead, the compensation in the case will be determined by carefully evaluating the unique circumstances of the individual injury case.
The monetary compensation in these cases tends to be significant. Therefore, the law firm you select to handle your legal matter should have experience in winning substantial monetary damages for their clients.
Here are just a few examples of verdicts and settlements we have won for our clients:
- $5,250,000.00 – Auto accident resulting in a brain injury
- $5,000,000.00 – Judgment for a paralyzed driver
- $2,000,000.00 – Auto accident resulting in spinal cord injuries
- $1,611,000.00 – Trial verdict for a collision resulting in spinal injuries
The categories of money damages in cases involving a comatose person can include:
- Medical expenses to treat the injuries, minimize damage to the brain tissue, and sustain life.
- The expenses of a life care plan provide all the healthcare services and personal care the patient needs because of their severe injuries.
- Lost wages for the paychecks the individual missed after getting injured.
- Future lost wages if the individual can eventually return to work but in a reduced capacity or cannot return to any form of employment.
- Pain and suffering account for the inconvenience, emotional distress, and physical discomfort of the injured person’s injuries.
If the comatose patient does not recover from the coma, the family might qualify for some additional compensation for their losses. However, if the patient does regain consciousness, they might face a lifetime with various disabilities and other losses that could be a part of the injury claim.
Be sure to talk to your attorney about how the severe injuries have affected the comatose patient and their loved ones.
Contact a Marksville Comatose Patient Attorney to Discuss Your Claim Today
At Laborde Earles Injury Lawyers, we help people who suffer injuries because of the carelessness of others. We offer a free initial consultation with no obligation. Please do not delay contacting our Marksville comatose patient lawyer because the statute of limitations could take away your right to compensation.
