Thursday, October 13, 2005

Compensation for Serious Accidents may run out of time

: "My 17-year old son was in a coma 3-4 months because of an injury in a car wreck. Now he is 20. Does the time period for filing suit apply to a person that was in a coma and is just realizing what happened and wants to sue the driver�s insurance company?
This is one of those very, very rare exceptions to the statute of limitations. Under the laws of most states, your son, while in a coma, is referred to as being 'incompetent.' The time during which an adult plaintiff is mentally incapacitated and does not have a conservator or guardian with authority to prosecute the claim is not counted in computing the statute of limitations. However, the clock began to run the moment he became aware of his injuries, and remembered what caused him to be hospitalized; i.e., that he was involved in an auto accident. Your son's lawsuit would be against the driver of the other vehicle(s), not the insurance company."

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