Locked-In Syndrome (LIS) can feel like a tragic black hole. Families are often flooded with fear, anger, despair, and an overwhelming sense of loss. But with the right care, support, and resources, there can still be hope.
Should you hire us, our role as your legal representative is to recover damages that help you care for your loved one. A settlement or verdict can provide access to specialized medical treatment, advanced assistive technology, and long-term support, resources that allow your loved one to live a healthier life, communicate with family, and engage with the world again.
If you’d like to speak with us, we offer a free, no-pressure consultation to review your legal case.
When Legal Help May Be Appropriate for Locked-In Syndrome
You didn’t ask for your family to be thrust into this new reality, and you certainly didn’t expect to consider legal action. You may even respect the doctors and nurses who provided care, and in many cases, locked-in syndrome is not caused by medical negligence.
However, when medical care falls below what the legal and medical communities refer to as the “standard of care,” when an undiagnosed or misdiagnosed stroke is to blame, families have the right to pursue accountability through the legal system.
Legal Recovery Is Meant to Support Your Family
We understand how daunting and overwhelming the idea of a legal claim must feel. Seeking a medical and legal review of your loved one’s care is not an attack on healthcare providers. It is an act of advocacy for your family.
A settlement or verdict can provide compensation for long-term care, assistive technology, and other essential resources that help your loved one live a fuller, more connected life. Our attorneys have helped other families who have stood where you stand now. We’ve recovered billions of dollars for our clients and watched their lives transform with the resources to secure care and support for their loved ones.
If you’d like to talk, we’re here to listen, answer your questions, and provide a legal consultation so you can decide what’s right for your family.
How Our Attorneys Represent Families in Locked-In Syndrome Lawsuits
Our trial lawyers develop close relationships with the families we represent. That’s essential to our work. It allows us to better understand what you’re living through, what your loved one truly needs, and what you hope a settlement or verdict will make possible for your family.
While we negotiate for a settlement, communicate with insurance companies, and, when necessary, represent you in court, you remain as closely involved as you’d like. Our goal is to make the legal process feel less overwhelming during an already difficult time.
- You work directly with your attorney rather than going through a legal assistant or paralegal.
- We secure qualified medical experts to review and evaluate your loved one’s medical care and the cause of their LiS.
- We take the time to understand the full scope of your family’s needs, from lifelong medical care and rehabilitation to assistive communication technology, home modifications, and the emotional and financial impact on spouses, children, and caregivers.
- We stay connected and accessible throughout your case, checking in regularly, answering your questions with honesty, and helping you prepare for each step so nothing feels unexpected or out of your control.
- We treat your family like our family, meaning we are completely invested in your future and will do everything we can to secure the outcome you are fighting for.
Our experience with locked-in syndrome cases has shown us how profoundly this condition affects entire families. We tailor our legal representation and client service to meet those needs as families navigate an incredibly difficult, life-altering situation. We aim to provide steady guidance, clear communication, and strong advocacy during a time when families are already carrying so much.
How Do I Know if Medical Negligence Caused Locked-In Syndrome?
Most cases of locked-in syndrome are caused by stroke, and in many situations, LIS is not the result of medical negligence. In others, however, a stroke may go undiagnosed or be misdiagnosed as another condition, such as a migraine or anxiety, and such failure to diagnose can constitute medical negligence.
Strokes that lead to locked-in syndrome often affect the brainstem, the bundle of nerves connecting the brain and spinal cord. Brainstem strokes do not always present with the classic warning signs healthcare providers are trained to recognize, such as facial drooping, arm weakness, or slurred speech.
As a result, symptoms may be misunderstood or overlooked, sometimes with devastating consequences for patients and their families.
A Medical Review Evaluates the Care Your Loved One Received
If you choose to pursue a legal review, part of that process may include an independent medical expert’s evaluation of your loved one’s care. We facilitate this review by working with trusted medical experts who can provide a careful, thorough assessment of the care provided by the doctors, nurses, and facility involved.
The medical expert may examine the treatment your loved one received in the emergency room, whether appropriate imaging was ordered, and how quickly care was provided. In some situations, delays occur not because stroke care is inherently complex, but because critical steps are missed or decisions are made too quickly.
Examples of issues a medical review may explore include:
- Dismissing or minimizing symptoms or family concerns
- Failing to recognize signs of a brainstem stroke
- Sending a patient home without appropriate evaluation or care
- Delaying or failing to order necessary imaging
- Delays in treatment
- Staffing shortages
- Breakdowns in communication
A medical and legal review is meant to bring clarity during a time when so much feels uncertain. It can help families better understand what happened, why certain decisions were made, and whether the care provided followed accepted medical standards. For many families, having clear answers can be an important step toward making informed decisions.
What Can I Do Now if I’m Considering Legal Action for Locked-In Syndrome?
Knowing where to begin can feel overwhelming. Most families never imagined they would need to understand medical records, stroke timelines, or legal standards of care. If you’re even thinking about your options, that likely means you’ve already been carrying far more than you ever expected.
You don’t have to figure everything out at once. Start here:
- Preserve medical records. Request complete copies of hospital charts, imaging studies (CT scans, MRIs), physician and nursing notes, ER records, and discharge summaries. If possible, ask for the actual imaging discs. These details matter in stroke cases. Some records may be available through a patient portal, but we can assist you in making formal requests to ensure nothing is missing.
- Write down everything you remember. Note when symptoms first appeared, what your loved one was experiencing, how quickly care was provided, and what doctors or nurses told you. Include the names of providers, any delays in imaging or treatment, and whether concerns were dismissed. In many cases of locked-in syndrome, the timeline is critical.
- Consult with a lawyer who understands complex stroke and brain injury cases. An initial consultation is simply a conversation. You’ll have an opportunity to ask questions and gain clarity.
If you decide to move forward, we will help every step of the way. We understand that the outcome of your case may directly affect your loved one’s access to lifelong care, assistive communication technology, and home support. We take that responsibility seriously.
As you fight for your loved one’s voice, comfort, and future, our role is to fight just as hard for you.
Before vs. After the Settlement: Uncertainty, Hope & Relief
Locked-in syndrome affects every aspect of one’s life. While some patients regain limited motor skills over time, full recovery is rare, meaning that they will need lifelong help with virtually everything: eating, bathing, toileting, changing positions, and so on. While many LiS patients can lead meaningful lives with proper support, the adjustment period is often long and painful.
It also affects the family. Not only do you have to emotionally process the fact that your loved one was catastrophically injured, but you also have to reorganize your life to care for them, either by arranging for professional care that may or may not be easy to find or by caring for them yourself at home. Either route can quickly lead to burnout, frustration, and fear for your family’s future.
Taking legal action is meant to enable your loved one’s care and restore your financial security.
Medical Treatments That Make Life Easier
Locked-in patients may require physical therapy to maintain muscle health, constant monitoring and regular movement to prevent complications such as bedsores, and various devices to help with breathing, eating, mobility, and communication.
There is no cure for Locked-In Syndrome, but proper medical intervention can greatly improve quality of life and sometimes help recover limited mobility.
Income to Pay Bills
Your loved one can no longer work. You may have had to take a leave of absence from your job, cut back hours, or even quit working altogether to care for your loved one. These losses, combined with medical and other bills, can swiftly put your family in debt.
A financial settlement gives your family the resources to make ends meet.
Physical and Emotional Pain
LIS is upsetting and stressful, especially if the patient is not diagnosed right away and has no way to tell their doctors or loved ones that they are conscious. This is on top of the distress caused by the condition itself, which is severely disabling. LIS patients may or may not feel physical pain and other sensations.
Our legal team always takes our clients’ mental and physical anguish seriously. Your attorney can ensure you seek an appropriate amount for these damages.
We Treat Every Client With Respect and Compassion
It is easy to feel hopeless in the days and weeks after a locked-in syndrome diagnosis, but achieving a new normal is possible. Our locked-in syndrome attorneys advocate for your family while you spend more time with the people you love.
Call us if you’d like to talk. We limit the number of cases we take to provide each client with the resources and hands-on attention they deserve.
Frequently Asked Questions About Locked-in Syndrome Cases
How Much Does a Locked-in Syndrome Lawyer Cost?
Our firm charges nothing unless and until you win. The financial burden that accompanies an LIS diagnosis is enormous, and we will do nothing to add more stress to an already difficult situation.
How Long Do I Have to File a Locked-In Syndrome Lawsuit?
The legal deadline varies by state, but it is typically no more than a few years. If you’d like to explore legal action, consult with a lawyer as soon as possible to avoid missing this critical window.
Do All Locked-in Syndrome Cases Go to Trial?
Our lawyers prepare every case as if it will go to trial, but if there is any way to end your case sooner—for example, if the insurance company offers a fair settlement—we will consult with you about which path to pursue.
Will Health Insurance Pay for Locked-in Syndrome Treatment?
Even if you and your loved one have health insurance, there is no guarantee that your policy will pay for all of the necessary treatment. If you depended on your loved one’s job for healthcare coverage, you may lose that coverage as they are no longer able to work.
Who Pays Compensation for Locked-in Syndrome?
If the defendant is found liable or settles, their insurance company will likely pay the damages on their behalf. Most doctors and medical facilities carry medical malpractice insurance that covers them in the event of a lawsuit.