Marietta Injury Lawyer Blog
In July of 2025, Fox5 Atlanta reported that a toddler was in a comatose state after a serious car accident in Cobb County. This tragic incident involved the mother reversing over her own daughter as she was backing out of her driveway. If your relative is in a coma after a car accident, you might be unsure of how to proceed. Is it possible to pursue compensation on behalf of the incapacitated person? Do you have to wait for them to regain consciousness? What happens if you remove them from life support? These are questions you can ask a personal injury attorney.
Can You Still File a Claim if Your Loved One Is in a Coma?
You may still be able to file a claim on your loved one’s behalf if they are in a comatose state. That being said, there are a few issues to consider: First, you can only file a claim on someone’s behalf if they are mentally incapacitated. Second, you may need special legal permission to act on their behalf. This might involve obtaining a guardianship or a power of attorney.
However, in the case of a child, a parent always has the right to pursue a claim on their behalf. This is because a child is not yet old enough to file a personal injury lawsuit on their own.
What if I Remove My Loved One From Life Support?
If you make the difficult decision to remove your loved one from life support, you may be able to file a wrongful death lawsuit. This type of lawsuit can provide compensation for medical expenses, missed earnings, funeral costs, and other damages. As long as you are a close relative of the victim, you can probably file a wrongful death lawsuit. For example, you might be the victim’s sibling, parent, or adult child.
What if My Loved One Recovers From Their Coma?
If your loved one regains consciousness, they may be able to file a claim on their own behalf. However, a coma can take a serious toll on someone, and they may experience permanent brain damage for the rest of their life. If this is the case, the victim may not have the mental capacity to file a claim on their own behalf. Once again, the family might need to step in and take this step.
You should also know that the statute of limitations only applies after a victim becomes aware of their own injuries. In the case of a coma, this may give the victim more time to file a claim. For example, someone might fall into a coma for 10 years after a car accident in Cobb County. If they regain consciousness, they may still file a claim because the “time limit” of the statute of limitations begins when they wake up.
Ultimately, family members must do what they feel is right, whether that involves removing the relative from life support or keeping them in a comatose state and hoping for the best.