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Coma After a Car Accident
Our Chicago legal team helps families coping with the devastating aftermath of a coma after a car accident. With experience handling severe brain injury claims, we know what it takes to seek justice.
When someone remains unconscious after a serious crash, their family may have immediate questions about medical care, legal rights, and who can make decisions on their behalf. A coma can result from a severe brain injury or other trauma, but a legal claim can begin while the injured person is still unconscious. A legally authorized family member or representative may be able to act on the injured person’s behalf while the case moves forward.
What Is a Coma?
A coma is a serious medical condition where a person is completely unconscious and unresponsive to external stimuli, including pain, sound, or touch. It often results from a traumatic brain injury, such as one sustained in a car crash. During a coma, the person cannot wake or respond, though basic bodily functions like breathing may continue. This differs from a vegetative state, where a person may open their eyes or make reflexive movements without awareness. In a minimally conscious state, there are limited but definite signs of awareness and response.
What Causes Coma After a Car Accident?
The impact of a collision can harm brain tissue, disrupt blood flow, and interfere with oxygen delivery–all of which can impair or shut down consciousness. Here’s how different types of brain injuries after a car accident can lead to a coma:
Brain Injury
Traumatic Brain Injury (Moderate to Severe) – Direct damage to brain tissue leads to immediate unconsciousness.
Brain Swelling (Cerebral Edema) – Pressure inside the skull increases, reducing blood flow and brain function.
Brain Bleeds
- Subdural hematoma: Bleeding between the brain and the outer layer of tissue (dura) can slowly increase pressure, compressing brain structures and leading to coma.
- Epidural hematoma: Bleeding between the skull and the dura often follows a skull fracture and can cause rapid deterioration if not treated immediately.
- Intracerebral hemorrhage: Bleeding within the brain tissue itself can destroy surrounding brain cells and disrupt critical functions.
- Subarachnoid hemorrhage: Bleeding in the space surrounding the brain can cause sudden headaches, seizures, and coma.
Diffuse Axonal Injury – Shearing forces tear the brain’s wiring, causing instant or prolonged coma.
Oxygen Deprivation (Hypoxia or Anoxia) – Lack of oxygen damages the brain’s communication centers.
Skull Fractures – Especially at the base of the skull, which may indicate severe underlying trauma.
Multiple-System Trauma
Not all comas after a crash are caused solely by head injuries. Shock, blood loss, or organ failure can reduce brain perfusion and lead to coma. These cases often involve catastrophic injuries and require advanced care to stabilize the patient and prevent further decline.
How Is Coma After a Car Accident Diagnosed?
Diagnosing a coma after a car accident begins with a rapid neurological evaluation, often at the scene or immediately upon arrival at the hospital. Medical teams use the Glasgow Coma Scale to measure eye movement, verbal and motor response, helping determine the depth of unconsciousness. The Glasgow Coma Scale uses eye, verbal, and motor responses to help clinicians assess a person’s level of consciousness and changes over time. Imaging tests such as a CT scan or MRI are essential to detect cerebral edema, bleeding, or skull fractures. In severe cases, doctors may use intracranial pressure (ICP) monitoring to assess swelling and perform an EEG to evaluate brain activity. Lab tests are also performed to help identify systemic problems like low oxygen or infection. Most patients remain in the ICU for continuous observation and specialized care during this period.
How Is a Coma After a Car Accident Treated?
Treatment for a coma after a car accident involves extensive and often long-term medical care, resulting in significant financial strain for families. In the acute phase, the focus is on emergency stabilization, managing the airway, and providing ventilator support if the person cannot breathe independently. Surgery may be necessary to stop bleeding or relieve pressure caused by cerebral edema, all contributing to high medical bills. ICU care, sedation, ICP monitoring, and seizure prevention are also standard. As time goes on, treatment shifts to nutritional support, respiratory therapy, and physical therapy to prevent muscle loss. Patients who begin to regain consciousness may need months of neurological treatment and rehabilitation. Memory loss after a car accident can also affect recovery and daily functioning. If full recovery is uncertain, planning for long-term facility care or home assistance adds to the financial impact of these injuries. Families may also face ongoing expenses for rehabilitation, home care, assistive equipment, and other long-term needs.
How Much Can Chicago Car Accident Victims Recover for a Coma?
According to VerdictSearch, the average compensation in these cases is approximately $10,266,118, with a median award of $8,800,000. Payouts can range from $225,000 to $29,487,831, depending on the facts of the case.
Several key factors can influence compensation:
- Severity of the brain injury
- The duration of the coma
- Whether the person begins to regain consciousness
- Type and cost of medical treatment required
- Need for ongoing rehabilitation or long-term facility care
- Amount of lost income and reduced earning capacity
- Pain, suffering, and loss of quality of life
- Wrongful death
These can be among the highest-value personal injury claims because future medical and care costs can make up a substantial part of the damages. Accurately projecting those future needs is an important part of evaluating the claim.
What Damages Are Awarded in Claims Involving Coma After a Car Accident?
In cases involving a coma after a car accident, victims may be entitled to a wide range of damages based on the severity and long-term effects of the injuries. Compensation often includes current and future medical bills, such as ICU care, surgery, hospitalization, and ongoing rehabilitation. Long-term care costs may consist of in-home support, facility care, therapy, and assistive equipment. If the person is unable to return to work, lost wages and loss of future earning potential are also recoverable. Non-economic damages cover pain, emotional suffering, and loss of enjoyment of life, especially in cases involving permanent brain injury or limited consciousness. Families may also seek compensation for the financial and emotional impact of caregiving. If the at-fault driver showed egregious negligence or reckless behavior, punitive damages might apply.
Example Motor Accident Cases Involving Coma
$18.59 Million Settlement for Child in Coma After Construction Zone Crash
In 2008, seven-year-old Filiberto Perez Jr. suffered a traumatic brain injury, skull fractures, and a one-week coma after being struck and pinned by a car that lost control at an improperly marked construction zone. Filiberto required brain surgery, weeks of inpatient rehabilitation, and ongoing outpatient care. He was left with permanent cognitive impairments and the mental capacity of a 7-year-old. His future care costs were projected at over $10 million. A personal injury suit was filed against multiple parties, including two drivers and several construction companies, alleging failure to follow IDOT traffic safety standards. The case settled for $18.59 million, with John Burns Construction Co. contributing $17.7 million. Other defendants paid smaller portions, including the drivers’ full insurance policy limits.
$10 Million Settlement for Police Officer in Month-Long Coma
Officer Charles Tiedje suffered a traumatic brain injury, multiple fractures, and a month-long coma after a hearse ran a red light and struck his police cruiser in Wilmette. The hearse’s black box revealed it was speeding. Tiedje underwent 19 surgeries, faced over $600,000 in medical expenses, and endured lasting physical and cognitive complications. He filed a lawsuit against the driver and his employer, Weinstein Family Services Inc., who ultimately paid a $10 million settlement. The driver pleaded guilty to the traffic violation. Tiedje required long-term care and was unable to return to his previous level of physical activity.
What to Do If a Loved One Is in a Coma After a Car Accident
If a loved one is in a coma after a car accident, the priority is ensuring they receive proper medical help and are monitored closely by doctors. Keep detailed records of all medical expenses, treatments, and symptoms, and request copies of medical records whenever possible. Speak with a Chicago car accident lawyer who understands the serious consequences of a traumatic brain injury. An experienced lawyer can help assess liability, negotiate with the insurance company, and fight for the compensation your family deserves.
How an Experienced Attorney Can Help
A Chicago personal injury attorney can help you gather necessary evidence, including medical documentation, witness statements, and expert opinions to support your claim. They can also handle communication with the insurance company, push back against low settlement offers, and calculate future damages like long-term medical care, lost wages, and rehabilitation costs. If your loved one is unable to speak or act on their own behalf, a Chicago catastrophic injury lawyer can also help your family understand the process for establishing guardianship or obtaining the legal authority needed to make decisions in their best interest. The firm can work with your family while your loved one remains in the hospital, so the legal process does not necessarily have to wait until discharge. With the proper legal support, your family can focus on healing while your attorney works to secure fair and full compensation.
Who Can Make Legal Decisions for Someone in a Coma?
When an adult is unconscious and unable to make decisions, a family member cannot automatically make every legal decision on that person’s behalf. Depending on the circumstances, someone may need legal authority to act for an incapacitated adult. Guardianship is a court process that can give an authorized person the ability to make certain decisions for someone who cannot make them independently. The appropriate authority can depend on the person’s circumstances and existing legal documents, so families should obtain legal guidance rather than assume a particular process applies. A personal injury claim also does not necessarily have to wait until the injured person regains consciousness. An attorney can help the family determine what authority is needed and how to protect the person’s legal interests while medical treatment continues.
Frequently Asked Questions
How long do comas last after a car accident?
A coma after a car accident may last days or weeks, although severe injuries can result in much longer periods of unconsciousness. Some people may not regain full consciousness. The duration of a coma is one factor doctors consider when assessing a person’s condition and potential recovery, but it does not provide a definitive prognosis by itself. From a legal perspective, the length and severity of the coma can also affect the extent of medical treatment, rehabilitation, long-term care, lost income, and other damages that may need to be evaluated.
Can a claim be filed while my family member is still unconscious?
Yes. A personal injury claim can potentially be pursued while an injured person remains unconscious. Families should not assume they have to wait for the person to wake up before protecting a legal claim. Evidence can become harder to obtain as time passes, and Illinois generally imposes a two-year limitations period for personal injury actions, subject to exceptions. The person acting for the injured adult must have appropriate legal authority, which may involve the guardianship process discussed above.
Who pays the medical bills while the case is ongoing?
Medical bills generally still need to be addressed while a personal injury claim is pending. Depending on the circumstances, health insurance, medical payments coverage, or other available coverage may initially pay some expenses, with reimbursement or liens addressed later if compensation is recovered. The at-fault driver’s insurer does not generally pay a victim’s medical bills as they arrive simply because a claim has been made. An attorney can review available coverage and may be able to negotiate outstanding medical liens as part of resolving the claim.
What if my family member does not survive?
If a person dies from injuries suffered in a car accident, the legal claims may involve wrongful death and survival actions. The people entitled to pursue or benefit from those claims depend on Illinois law and the circumstances of the case. See our page on fatal car accident claims for more information.
Book a Free Consultation and Secure the Legal Help You Need
If your loved one has suffered a coma after a car accident, you don’t have to face the legal process alone. Our lawyers can help your family understand your legal options, assess the full impact of the injuries, and determine what steps may be appropriate while your loved one remains in the hospital. Contact us today for a free consultation.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Content legally reviewed by Jonathan Rosenfeld This page has been reviewed for legal accuracy by Jonathan Rosenfeld, a Chicago personal injury attorney with nearly 25 years of experience representing people injured in car, truck, motorcycle, pedestrian, and rideshare accidents. Jonathan has recovered more than $450 million in settlements and verdicts for injured clients and families in Chicago. He holds a 10/10 rating on Avvo, is a member of the Million Dollar Advocates Forum, and has been repeatedly recognized by Super Lawyers. Jonathan leads the firm’s approach to holding insurance carriers and corporate defendants accountable for serious traffic injuries.