Coma and low consciousness

Coma and low consciousness after an accident

A coma is a state of deep unconsciousness from which a person cannot be awakened. The victim responds little or not at all to the outside world, does not open their eyes, and appears unresponsive. A coma often develops after severe brain injury, for example, caused by a blow to the head, oxygen deprivation, or a brain hemorrhage. For loved ones, it is an unreal and frightening period in which no one can say with certainty what will happen.

After the first phase, the condition can go in different directions. Some people gradually awaken and enter a long rehabilitation. Others enter a state of low consciousness . Doctors then speak, for example, of a non-responsive wakefulness syndrome (formerly called a 'vegetative state') or a low-conscious state, in which a person appears awake and opens their eyes but makes hardly any contact with their surroundings. The boundary between these states is not always sharp and can shift over the course of weeks or months. It is precisely this uncertainty that makes it so difficult for you as a loved one.

The duration of a coma or low level of consciousness and the extent to which recovery is possible vary greatly from person to person and can almost never be predicted with certainty in the early stages. Doctors are therefore often reluctant to make statements about the future, precisely because every situation is different. This also means that the long-term consequences only become clear over time. For the settlement of claims, it is therefore important not to rush anything and to build the case carefully and patiently. Closing a claim too early, while it is not yet certain how the condition will develop, can seriously disadvantage the victim. We safeguard this diligence and ensure that the settlement is only finalized once a reliable picture of the future exists. Until then, where possible, we request advances so that care and ongoing costs can continue to be paid in the meantime.

Common causes

In personal injury cases, a coma or low level of consciousness is usually caused by an accident for which someone else is responsible:

• Traffic accidents. A collision involving a car, motorcycle, scooter, or bicycle can cause serious head and brain injuries. Read more about a traffic accident and your rights.
• Workplace accidents. A fall from height, a falling object, or an accident involving machinery can lead to severe brain injury. The employer has an extensive duty of care to ensure a safe workplace.
• Medical events following an accident, such as oxygen deprivation or complications, can impair consciousness.

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What does this mean for you as a loved one?

When someone you love is in a coma or in a state of low consciousness, your life changes completely as well. You suddenly become a caregiver, advocate, and pillar of support all at once, while you yourself are in the midst of grief and uncertainty. Many loved ones sit by the bedside day and night, arranging practical matters and trying to keep the family running in the meantime. That demands an enormous amount, both physically and emotionally.

It is important to know that you are not alone and that you do not have to bear the burden of everything at once. The financial worries that may be lurking in the background right now—loss of income, travel expenses, the question of who will pay for everything later—are real, but you do not have to get lost in them right now. That is what we are here for. We take the entire legal and financial settlement off your hands, so that you can focus on what really matters: being there for your loved ones.

We also understand that you might feel guilty thinking about money while your loved one's life is at stake. You don't have to. Arranging fair compensation is not a matter of 'profiting' from grief, but of ensuring that the best care, nursing, and support are affordable — now and in the years to come. That is in the best interest of the victim and of you as a family.

Moreover, many loved ones notice that the opposing party's insurer contacts you early on, while you are still in shock. It is understandable that you do not know what is sensible to say or sign at that time. Our advice: never feel obliged to immediately agree to proposals or statements. Leave contact with the insurer to us. We stand between you and the opposing party, represent your interests exclusively, and ensure that nothing is recorded that could prove detrimental later. This allows you to maintain the peace of mind to be there for your loved one.

The damage is enormous — and complex

In the case of a coma or low consciousness following severe brain injury, the damage is often exceptionally extensive and long-lasting, sometimes lifelong. Therefore, it is of great importance that everything is carefully and fully mapped out, including costs that will only arise years from now. An underestimate or incomplete estimate now can have far-reaching consequences for the care and future of the victim.

Intensive care and nursing

Someone in a coma or with low consciousness requires full, often permanent care. This includes nursing care, medical care, assistance with all daily activities, and in many cases, 24-hour care. This care can take place in a specialized institution, a nursing home, or sometimes at home with intensive support. The costs of this increase significantly over the years.

Home adaptations and aids

If the victim is cared for at home, the home often requires extensive adaptation: an adapted room, lifting and transfer aids, an adapted bathroom, and special facilities. Sometimes the existing home cannot be made suitable, and a move is necessary. Adapted transport may also be required.

Loss of earning capacity and informal care

The victim is no longer able to work, resulting in a loss of income — now and in the future, including pension accrual. In addition, loved ones often provide intensive informal care. This care has value and can be included in the damages. Your own loss of income, due to being able to work less or no longer being able to work to care for your loved one, is in principle also included. Mapping out all these damages requires specialized knowledge and the involvement of medical advisors, occupational experts, and actuaries. We fully coordinate this for you.

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Who handles the damage claim on behalf of the victim?

An important and understandable question is: who is actually entitled to claim damages if the victim is unable to make decisions or communicate themselves? This is well regulated under Dutch law. When a person is unable to look after their own interests due to their condition, a close relative or a legal guardian act on behalf of the victim.

Often, at the request of the family, the judge requests administration, mentorship, or curatorship . An administrator looks after financial interests, a mentor handles care and treatment decisions, and a curator handles both. In practice, this is usually a partner, parent, or child. Only then can that person perform legal acts on behalf of the victim, such as filing and settling a claim for damages. This sounds complicated, but we guide you through this step by step and work closely with the designated representative.

It is important that the victim's damages always take center stage and are managed carefully and transparently. We ensure that all agreements with the insurer are clear, that interim advances are requested where possible, and that the final compensation actually benefits the care and well-being of the victim. This allows you as a family to maintain control over a situation that often feels overwhelming.

What damages can be claimed?

When another party is liable for the accident, in principle, all damage is eligible for compensation. The basic principle is that the victim and their loved ones are placed, as much as possible, in the position they would have been in without the accident, insofar as this is financially feasible. We distinguish between different types of damage.

Material damage to the victim

• Lifelong care and nursing costs, including any 24-hour care and stay in a specialized institution.
• Loss of earning capacity: the income that the victim misses out on now and in the future.
• Home modifications, assistive devices, and adapted transport, including replacement and maintenance over the years.
• Informal care and domestic help, and all other costs associated with the injury.

Pain and suffering

In addition, there is a right to compensation: compensation for non-material suffering. In cases of very serious and permanent injury, such as a prolonged coma or reduced consciousness, this is among the highest amounts awarded in the Netherlands. The exact amount depends entirely on the personal situation and the severity and consequences of the injury. We therefore deliberately do not mention exact figures in advance, but always determine this carefully and on a case-by-case basis, ensuring that the insurer does not fob off the victim with an amount that is too low.

Emotional distress for loved ones

Since 2019, next of kin have also had their own right to compensation for serious and permanent injury to a loved one: emotional distress damages. This is compensation for the grief and consequences you experience as a partner, parent, child, or other close relative because your loved one has been so severely affected. It concerns a fixed, legally determined amount per next of kin. No amount can make up for what has happened to you, but the law hereby explicitly acknowledges that the suffering of next of kin matters too. We will assess for you whether you are entitled to this and handle this part of the claim with care.

How we assist you with care

We specialize in personal injury cases and understand how devastating a coma or low consciousness is for everyone involved. That is why we work with calm, patience, and genuine care. You will be assigned one dedicated personal injury lawyer who knows the case inside out, keeps you updated, and is readily available. You will never have to repeat your story to a stranger. We come to your home, the hospital, or the care facility — anywhere in the Netherlands — so you do not have to worry about traveling.

We handle the entire matter: establishing liability, organizing representation on behalf of the victim, fully mapping out all damages (including future damages), applying for advance payments, negotiating with the insurer, and securing fair compensation. Where necessary, we engage medical advisors, occupational experts, and actuaries to properly substantiate the damages. Our assistance is 100% free of charge: the costs of legal assistance are part of the damages, and we recover them from the liable party (Art. 6:96 BW). You keep 100% of the compensation and will never receive a bill from us.

We are affiliated with the NIVRE, the National Quality Mark for Personal Injury Claims (NKL) , and work according to the code of conduct of De Letselschade Raad. This ensures that your case is in good and reliable hands. Would you like to know what we can do for you? Read more about our working methods or make a no-obligation appointment. You can also simply call us via the contact page; if you call us on a working day, we will call you back the same day. You are stronger than you think, and we stand by your side from day one.