A situation involving a coma is one of the extremely rare exceptions to the normal statute of limitations. Under the laws of most states, an adult plaintiff, while in a coma, is "incompetent" and not able to look after his or her interests. This incompetency impacts the time limit in which a lawsuit may be brought. Since your son was 18 years of age at the time of the accident, he would be considered an adult plaintiff and these special rules for the statute of limitations would apply to him.
How are statutes of limitations affected by incapacitation?
The statute of limitations sets the time limit during which a claim may be filed for a specific legal wrong. Statutes of limitations vary by state. For example, there may be a two-year statute of limitations for car accidents in certain jurisdictions and a three-year statute of limitations in other areas.
In the vast majority of cases, the date an incident took place is the date the statute of limitations time clock begins to run. However, the time during which an adult plaintiff is mentally incapacitated and lacks a conservator or guardian with authority to prosecute the claim is not counted while computing statutes of limitations. The statute of limitations begins to take affect the moment the incapacitated person becomes aware of his injuries and remembers that the car accident caused them.
How can I be sure the delayed statute of limitations will apply in my state?
Consult with an experienced car accident attorney as soon as possible once your son is awake and can recall the incident. Your son and his attorney will have to work with medical professionals in order to provide documentation proving that he was unaware of his circumstances and unable to take legal action until the day of his recovery. This shouldn't be difficult to prove, since medical records will document everything regarding his return to awareness.
It is a good idea for your son and his attorney to speak to his doctor and prepare him for a possible appearance as a witness in court. The doctor may also be asked for a written statement backing up the findings of the medical records. Your son should be prepared to work with the attorney and provide the attorney with any information required to to get the formal lawsuit papers filed on time.