One moment you’re driving home, thinking about dinner or your weekend plans. The next, another driver runs a red light—and everything changes. The crash is violent. You survive, but with a traumatic brain injury (TBI) so severe that it leaves you in a permanent vegetative state (PVS). You can breathe, open your eyes, and even show sleep-wake cycles—but you’re unable to speak, move purposefully, or connect meaningfully with your loved ones.
This isn’t just a tragic story. It’s a harsh reality for many families across the U.S. According to the Centers for Disease Control and Prevention (CDC), over 64,000 people die from TBI-related injuries every year, and countless more suffer lasting, life-altering consequences.
When a car accident leads to such a catastrophic injury, the emotional, financial, and legal fallout is overwhelming. In this guide, we’ll walk you through:
What it means to be in a permanent vegetative state
The burden placed on families
Legal rights and potential compensation
How a car accident lawyer in Omaha can help you seek justice
If your family is facing this unimaginable situation, you don’t have to navigate it alone. At Inkelaar Law, our experienced personal injury attorneys in Omaha are here to help you pursue the support and compensation your family may be entitled to.
Medical Overview
A permanent vegetative state (PVS) occurs when a person loses higher brain function but retains basic involuntary functions like breathing and circulation. Unlike a coma, someone in a PVS may open their eyes, exhibit reflexive movements, or appear awake—but they are not conscious or aware of their surroundings.
Key Facts About PVS:
Causes: Most cases stem from traumatic brain injuries, oxygen deprivation (anoxia), or severe strokes.
Diagnosis: Medical professionals rely on imaging tests (like MRIs, CT scans, and EEGs) to determine brain activity.
Timeline: PVS is typically diagnosed as “permanent” after 12 months in TBI cases, or 3–6 months for non-traumatic injuries.
A State of Incapacity
From a legal standpoint, individuals in a PVS are considered incapacitated. They are unable to make their own medical or financial decisions, which means family members may need to:
Obtain legal guardianship
Manage healthcare and financial decisions
Pursue legal action if negligence caused the injury
Soaring Medical Costs
Caring for a loved one in a PVS can drain a family’s finances quickly. Common expenses include:
24/7 nursing or assisted living care — often exceeding $200,000 per year
Medical equipment like feeding tubes or ventilators
Physical therapy and rehab, even if progress is unlikely
Home modifications to accommodate long-term care
While Medicaid or insurance may cover some costs, families are often left with overwhelming out-of-pocket expenses. That’s where a car accident attorney in Omaha can make a difference.
Emotional Strain That Can’t Be Measured
The emotional toll is just as heavy:
Profound grief over the loss of a loved one’s personality and independence
Chronic stress and caregiver burnout
Strained relationships and financial anxiety
Compensation That Can Make a Difference
When someone else’s negligence caused the crash, you have the right to seek compensation through a personal injury claim. Damages may include:
Past and future medical bills
Loss of income or earning potential
Pain and suffering
Punitive damages in cases of extreme negligence
Proving Negligence After a Car Accident
To succeed in a personal injury claim, your Omaha car accident lawyer must establish:
Duty of Care: The driver had a responsibility to act safely.
Breach of Duty: That duty was violated (e.g., texting while driving, DUI, running a red light).
Causation: The breach directly caused the victim’s injury.
Damages: The injury resulted in measurable losses—physical, emotional, and financial.
Who May Be Held Liable?
Reckless drivers
Employers (for commercial vehicle crashes)
Car manufacturers (in cases involving defective parts)
Government entities (for poorly maintained or designed roads)
Don’t Miss the Deadline
In Nebraska, you generally have four years from the date of the accident to file a personal injury claim (Neb. Rev. Stat. § 25-207). However, the sooner you act, the better—critical evidence can fade over time.
If a loved one in a PVS passes away due to complications stemming from the accident, you may have grounds to pursue a wrongful death claim in Nebraska.
A wrongful death lawsuit may allow families to recover compensation for:
Funeral and burial expenses
Loss of financial support
Loss of companionship and guidance
Pain and suffering endured before death
It’s important to act quickly. Nebraska law sets a two-year statute of limitations for wrongful death cases (Neb. Rev. Stat. § 30-809). Consulting an Omaha wrongful death attorney promptly ensures your rights are protected and evidence is preserved.
Handling a PVS Injury Case Is Complex—You Don’t Have to Do It Alone
An experienced attorney can guide you through every step, including:
1. Investigating the Crash
Gathering police reports and traffic camera footage
Interviewing witnesses
Consulting medical and accident reconstruction experts
2. Calculating Full Damages
Estimating lifetime medical costs
Evaluating lost income and caregiving expenses
Assessing emotional trauma and diminished quality of life
3. Dealing with Insurance Companies
Insurers often try to downplay injuries or deny claims outright. A skilled attorney will fight for a fair and full settlement—and take your case to trial if needed.
What is the difference between a coma and a permanent vegetative state?
A coma is a deep state of unconsciousness with no eye opening or response. PVS patients may open their eyes and exhibit reflexes but lack conscious awareness.
How long can someone remain in a PVS?
Some individuals live for years or even decades with proper care, although quality of life and chances of recovery are extremely limited.
Can I still sue if my loved one is unable to communicate?
Yes. A legal guardian or family member can file a personal injury or wrongful death claim on behalf of the incapacitated individual.
What if the at-fault driver has no insurance?
You may still recover compensation through uninsured/underinsured motorist coverage, or pursue other liable parties like employers or vehicle manufacturers.
How much does it cost to hire a lawyer for a PVS case?
At Inkelaar Law, we work on a contingency fee basis—you pay nothing unless we win your case.
At Inkelaar Law, we understand the heartbreak and complexity of PVS cases. Our Omaha legal team brings:
Decades of experience in traumatic brain injury and catastrophic injury cases
A record of securing multi-million-dollar verdicts and settlements
Compassionate support and personalized attention for every client
We don’t get paid unless you win. Your consultation is 100% free—and there are no upfront costs.
Call Now for a Free Consultation: 1 800 890-2801
Schedule your FREE consultation today
A car accident that results in a permanent vegetative state is devastating. While no legal outcome can restore what was lost, pursuing justice can provide critical financial support—and hold those responsible accountable.
If your family is facing this kind of tragedy, contact Inkelaar Law today. Let us help you focus on what matters most while we fight for the compensation you may be entitled to.
Disclaimer: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. For specific legal advice, please consult with an attorney who is qualified to handle your case.
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