A recent study in The Lancet, as reported in the New York Times, suggests that, at least some patients in a vegetative state do have awareness.

[S]aid Joseph T. Giacino, the director of rehabilitation neuropsychology at Spaulding Rehabilitation Hospital, who was not involved in the research. “…it sure looks as if there’s not just a little bit of consciousness but a lot” in patients who had been deemed unresponsive.

In proving damages to help benefit victims of catastrophic injury, this study could potentially be used to support a finding of conscious pain and suffering, which is compensable.