Do I Have More Time to File if I Was in a Coma or Incapacitated After an Injury?

In most U.S. states, the law recognizes that victims who are in a coma or mentally incapacitated after an injury may not be physically or mentally able to take legal action right away. As a result, statutes of limitations—the legal deadlines for filing a personal injury lawsuit—can often be paused or “tolled” until the victim regains capacity. This legal exception can be critical in cases involving traumatic brain injuries, medically induced comas, or severe psychological trauma.

What Is Legal “Tolling”?

Tolling is a legal principle that temporarily suspends or delays the running of a statute of limitations under specific circumstances. One of the most common tolling scenarios involves a plaintiff who is incapacitated and cannot make legal decisions on their own.

If tolling is granted:

The legal clock on the statute of limitations stops.
It resumes only when the individual regains legal capacity.

Common Causes of Incapacity After an Injury

Tolling typically applies in situations such as:

Coma or persistent vegetative state
Severe traumatic brain injury (TBI)
Cognitive impairment (e.g., confusion, memory loss)
Mental illness or psychiatric hospitalization
Intoxication or medically induced coma during recovery
Developmental delay or disability affecting legal competence

The key factor is whether the individual was legally incapable of understanding their rights and acting in their own best interest during the standard statute of limitations period.

How States Handle Incapacity in Statute of Limitations Laws

1. California

Code of Civil Procedure § 352 tolls the statute if a person is “insane,” which courts have interpreted to include mental or cognitive incapacity.
The time limit resumes once the person regains mental competence.

2. New York

Under CPLR § 208, if the injured person is “under a disability” (including mental illness or incapacity), the time limit is paused.
Tolling ends when the disability ceases, but the claim must generally still be filed within 10 years of the incident.

3. Texas

Tolling is allowed for individuals deemed of “unsound mind” at the time the cause of action accrues (Tex. Civ. Prac. & Rem. Code § 16.001).
Medical documentation is usually required to prove incapacity.

4. Florida

Tolling is permitted for individuals who lack mental capacity (Fla. Stat. § 95.051).
However, the statute cannot be tolled more than seven years in total.

5. Illinois

Allows tolling for legal disability, including mental incapacity (735 ILCS 5/13-211).
Statute resumes once capacity is restored.

Proving Incapacity: What Evidence Is Required?

To successfully invoke tolling due to incapacity or coma, you will generally need to show:

Medical records: Hospital reports, doctor’s notes, neurologist assessments, psychiatric evaluations.
Testimony from health professionals: Statements from treating physicians about your inability to manage legal or financial matters.
Documented timeline: Clear evidence of when the injury occurred, when the coma or incapacitation began, and when recovery occurred.

In some cases, court-appointed guardians or conservators may be allowed to act on the person’s behalf even while the person remains incapacitated.

Filing After Regaining Capacity: How Much Time Do You Get?

Once legal capacity is regained, the statute of limitations typically resumes running from that point. However, the amount of time you get depends on the specific laws of your state.

Some states give the full original limitation period starting from the date of recovery.
Others only give the balance of time left when the incapacitation began.

Example:
If the statute of limitations is 2 years and you were in a coma for 18 months, you may have only 6 months left to file once you regain capacity—unless your state resets the clock entirely.

Situations Where Tolling May Not Apply

Tolling is not automatic and may be denied if:

The plaintiff was unconscious for only a brief time.
The incapacity did not substantially impair legal awareness.
The claim could have been filed by a legal representative or guardian during the incapacitation.
You delay filing after regaining capacity without reasonable explanation.

Judges often scrutinize tolling requests carefully to prevent abuse or unjustified delays.

Can a Family Member File on Your Behalf?

Yes. In many cases, a legal guardian, spouse, or parent can file a personal injury claim on behalf of an incapacitated person. This is especially important in cases involving long-term or irreversible coma or cognitive damage.

Filing during the period of incapacity avoids later disputes about tolling and ensures that key evidence is preserved early.

Final Takeaways

If you were in a coma or mentally incapacitated after an injury, you may have more time to file a personal injury lawsuit due to legal tolling.
The rules for tolling vary by state, and courts require clear evidence of incapacity.
In many cases, the clock starts ticking again once you regain the ability to understand and act on your legal rights.
You or your legal representative should consult a personal injury attorney immediately after recovery to avoid losing your claim.

Incapacity tolling exists to protect vulnerable victims—but it comes with procedural demands that must be handled carefully. If you believe your ability to file a claim was affected by your condition, acting promptly after recovery is essential.