A coma rates as one of the most catastrophic injuries one can suffer. A brain injury or brain disease causes this state of prolonged unconsciousness. While in a coma, a person is alive but unable to move and interact with their environment.
A coma remains a life-altering trauma that takes a significant toll on the victim and the victim’s loved ones. This condition can rack up millions of dollars in medical costs since it typically causes debilitating physical injuries and cognitive impairment. Even after a long recovery, a coma victim may suffer from permanent brain damage that impedes their daily functioning.
If your loved one is in a coma, you may feel powerless and unsure of what to do next. Shea & Shea is an experienced coma injury lawyer in San Jose and the Bay Area. We have helped coma victims receive the financial support needed to ease their treatment, recovery, and the emotional burden on their loved ones.
Coma Injury Law
Financial support for a coma injury typically involves receiving damages from another party. To qualify for receiving damages, you must prove another party or parties’ involvement in the event that precipitated the coma. A traumatic brain injury lawyer can help you gather all the necessary documentation and other evidence that assigns liability to the other party.
A skilled coma lawyer can also help a victim receive damages for events that did not directly involve another party. For instance, let’s say your loved one tripped on a neighbor’s icy sidewalk, struck their head, and fell into a coma. An experienced law firm attorney can then make the case that the neighbor should pay a settlement to the victim for not keeping their sidewalk safe.
How to File a Claim
Time is of the essence when filing a medical claim for a coma victim. First and foremost, do not wait for the coma victim to regain consciousness or go through recovery. Moreover, understand that you can only file a claim or lawsuit on a victim’s behalf if you have power of attorney or hold a conservatorship for them.
A coma injury lawyer in San Jose can help you file your claim. At Shea & Shea, we lay out a detailed plan of action depending on the case’s specifics. These steps usually mean gathering proof that the coma happened, attempting to prove another party’s liability, and determining which type of claim applies the most to the victim.
Common Causes of Brain Injury Coma
Comas and traumatic brain injuries are sadly quite common. In the United States alone, traumatic brain injuries comprise one-third of deaths caused by injuries. Furthermore, coma injuries typically involve another party. This fact is why it’s so essential to enlist a lawyer’s help to prove the other party was fully or partially at fault.
The following includes the most common causes of comas:
- Traffic Collisions: Car accidents that cause traumatic brain injuries remain a leading cause of comas.
- Workplace Accidents: Injuries often occur at construction sites, to name one example. Falls from ladders, falling trees, and other accidents can also cause serious brain injuries.
- Acts of Violence: A gunshot or a severe blow to the head can result in a coma.
- Household Accidents: A person may slip on a floor, or a household object may strike their head.
- Illness: Brain tumors and, in rare cases, infections like meningitis can lead to a coma.
- Medical Negligence: A botched surgery or failed anesthesia can result in a coma.
Financial Recovery for a Coma
Most coma victims qualify for financial damages. In severe cases, these damages can be substantial and include the following:
- Past, Present, and Future Medical Expenses: A coma typically necessitates extremely costly medical care. Treatment may involve expensive scans, surgeries, medications, and an extended stay in the hospital.
- Lost Earnings: As a coma victim cannot perform any work, they may receive compensation for lost occupational wages. They may also be eligible to receive future earnings throughout their recovery.
- Pain and Trauma: Most coma victims experience pain and suffering due to their injury. Therefore, they may receive compensation to alleviate this suffering, such as payments for physical therapy. These damages may also extend to getting treatment from a mental health counselor.
- Property Damage: If a car accident caused the coma, the victim might receive the financial value of that car. The same concept applies to other properties such as houses, garages, boats, or land.
- Funeral and Burial Expenses: If the worst happens, the victim’s loved ones may receive a settlement for post-mortem costs.
Get Real Help With Our Reliable Coma Injury Lawyer
At Shea & Shea, we have deep experience in all facets of coma injury. We can help you determine if your coma case qualifies for a claim or lawsuit. We also diligently evaluate the many potential damages for which you might be eligible.
We can specifically assist you with:
- Adjusting a medical claim to reflect the victim’s best interests, then submitting the claim on the victim’s behalf.
- Filing a lawsuit for the victim if another party has proven liability.
- Filing a loss of consortium claim for the victim. This claim refers to the loss of benefits a spouse or family experiences due to their loved one’s injury.
- Collecting evidence that proves a coma’s diagnosis, shows the costs of medical treatments, and shows the costs of the recovery plan.
- Collecting testimonies from medical staff and loved ones who witnessed the coma patient’s condition. These testimonies can prove the victim is comatose and testify to the victim’s pain and distress.
- Liaising with the potentially liable party along with their legal representation.
- Liaising with insurance companies.
- Determining if the victim qualifies for disability per U.S. Social Security. If so, we apply for disability benefits on the victim’s behalf.
We’re Here To Help
At Shea & Shea, we serve as your traumatic brain injury lawyer and trusted coma injury lawyer in San Jose. We have helped countless coma victims receive lucrative settlements that have alleviated their and their loved ones’ suffering. Contact us at (408) 716-1557 for a free consultation to discuss your potential coma case.
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