What Legal Steps Should You Take if You Fall into a Coma After a Car Accident in Michigan?

Legally Reviewed and Edited by: Terry Cochran

If you have a loved one in a coma after a car accident, then your family is facing overwhelming medical decisions and legal questions. Not only are you dealing with doctors and insurance companies, but it can be overwhelming to know what to do about the increasing bills. It can feel devastating to have your whole life disrupted after an accident.

At Cochran, Kroll & Associates, P.C., we bring decades of experience helping Michigan families navigate accidents, trauma, and injuries. Our personal injury attorneys understand that behind every coma after car accident case is a family struggling to keep up with the pressures of life and make sense of this life-changing event.

Understanding Comas After a Car Accident

A coma after a car accident can happen as a result of a traumatic brain injury: the impact of the accident causes the brain to hit the skull. This sudden force to the brain can cause swelling, bleeding, and damage to the sensitive tissue that controls consciousness. According to the National Institute of Neurological Disorders and Stroke, most comas and brain injury cases happen in high-speed collisions where the victim’s head hits objects inside the vehicle (such as the windshield or dashboard).

Car accident coma patients can have varying levels of unconsciousness, depending on the type of injury. Doctors and nurses usually use the Glasgow Coma Scale to assess consciousness levels. How do you know if you’re in a coma? The Mayo Clinic explains that some of the most common coma signs include unresponsiveness, difficulty waking up, and a lack of normal sleep-wake cycles.

Medical Implications for Victims in Comas

Diagnosis and Care Timeline

Coma car accident victims in the hospital need ongoing, 24/7 monitoring and specialized care. Initially, the treatment focuses on managing the brain swelling in order to prevent any secondary injuries or complications. Sometimes it’s necessary for patients to be on ventilators, and they need continuous monitoring of their brain pressure.

The first 72 hours are often the most critical. Car crash coma victims face uncertain recovery timelines because the healing timeline depends on the type of injury, age, and overall health. How do you know if you’re in a coma? Only medical experts can assess your condition through continuous neurological evaluations, which is why it’s essential to seek medical care immediately.

Costs of Long-Term Care

Hospital stays can cost thousands of dollars daily, and the costs get even higher if you are in an intensive care unit or a specialized brain injury facility. The unfortunate reality is that car accident coma cases can result in a lot of medical debt for the victim and their family.

Insurance companies can be difficult to work with, especially because they frequently challenge these costs. The argument is that certain treatments aren’t “medically necessary” in an attempt to lower the amount of money they need to pay.

Legal Rights of Coma Victims in Michigan

Michigan has a no-fault insurance system, which is helpful for providing certain protections for car crash coma victims (regardless of who caused the accident). When there is Personal Injury Protection, it usually covers all related medical expenses, lost wages, and additional care services during recovery. But the problem is that these coverage limits are sometimes too low to pay for everything that is needed.

As a car accident victim, you also have the right to pursue third-party claims against negligent drivers through a lawsuit. The goal is to recover damages for pain and suffering, permanent disability, and future care needs that go beyond the available insurance limits.

Statute of limitations rules require filing lawsuits within three years of the accident date. Missing this deadline can eliminate your right to compensation.

What Family Members Can Do Legally

When someone can’t make legal decisions because they are in a coma after car accident, then the family members need to step in to protect their loved one’s rights. The first step is to get a durable power of attorney (if it wasn’t already in place before the accident).

Another possibility is to use a guardianship approach if no power of attorney exists. For example, the court can appoint a legal guardian to make decisions on behalf of the injured victim. When a car accident coma occurs, the most important thing you can do is act quickly to protect the legal interests of your loved one.

You’ll need to document everything from the moment the accident occurs. Our legal team can help you every step of the way. You will need medical records, police reports, witness statements, and photographs of the accident scene.

Compensation for Long-Term Injury & Disability

A coma after a car accident often causes permanent disabilities that might even require care for the rest of the person’s life. Our legal team can assist with compensation calculations to cover current medical expenses, future care needs, lost earning capacity, and non-economic damages (like pain and suffering).

In Michigan, there are options to recover both economic and non-economic damages if serious injuries occur. Settlement amounts vary widely based on injury severity and the person’s age, but we will work hard to get you the optimal compensation that is available.

Coma car accident victims in the hospital often require extensive rehabilitation services after their hospital stay is over. These costs can quickly add up, which is why you need good legal representation to cover them.

Common Legal Barriers and Insurance Challenges

If the victim was unconscious, then it can pose a problem because the insurance company could try to deny or minimize these claims, arguing that the symptoms might be pre-existing. If the person had a blackout during a car accident, then there are unique challenges because they may not remember what happened, and the insurance adjusters might try to use this against you.

Also, payment delays can happen if you are trying to coordinate between multiple insurance policies and providers. Blackout during car accident scenarios require expert medical testimony to establish the connection between trauma and unconsciousness.

Protecting Your Family’s Future

If your family is dealing with a loved one in a coma after car accident, then you need experienced legal guidance as soon as possible.

At Cochran, Kroll & Associates, P.C., we understand the emotional and financial pressures your family is dealing with during this time. Our experienced personal injury attorneys in Michigan have top-notch negotiation skills to fight for the compensation your loved one deserves. We’ve successfully handled numerous car crash coma cases throughout Michigan and know how to navigate blackout during car accident situations.

Don’t let insurance companies take advantage of your situation. Contact us today for a free consultation: 1-866-MICH-LAW and schedule your free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.