<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by gourdy51:
My son was brain injured in a car wreck. He was in a coma 3 to 4 months. This was 1997.If the time limit for filing by us has passed does it apply to a person that was in a coma and is just realizing what happened,and wants to file suit against the insurance co. of the driver?We live in Louisiana. My son now is 20.<HR></BLOCKQUOTE>
My response:
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 (Cites Omitted). However, the clock began to run the moment he became aware of his injuries, and remembered what has 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. Get to an attorney real, real fast. In fact, don't walk, run !!
Good luck to all of you.
IAAL
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