When traumatic brain injuries prove fatal, families can pursue wrongful death claims for their losses. TBI wrongful death cases involve both the deceased's suffering before death (survival claims) and the family's losses from the death itself.
Fatal TBI Causes
- Severe primary injury – Devastating initial brain damage
- Brain herniation – Swelling forcing brain tissue through skull openings
- Secondary injury – Complications like bleeding, swelling, or hypoxia
- Withdrawal of life support – When recovery is impossible
- Long-term complications – Death months or years after injury from TBI-related causes
Types of Claims
Wrongful Death Claim
Compensates surviving family members for their losses:
- Lost financial support
- Lost companionship and consortium
- Lost services and guidance
- Funeral expenses
- Survivors' grief and mental anguish
Survival Claim
Compensates the estate for the deceased's damages before death:
- Pain and suffering during survival period
- Medical expenses
- Lost earnings before death
Survival Period Considerations
The length of time between injury and death affects damages:
- Immediate death – Limited survival claim damages
- Extended survival – Substantial pain and suffering, medical expenses, and lost earnings during survival
- Conscious suffering – Evidence that the deceased experienced pain and awareness increases survival damages
Who Can File
State law determines who has standing for wrongful death claims—typically:
- Surviving spouse
- Children
- Parents (especially for unmarried deceased)
- Estate representative (in some states)
Damages
Fatal TBI cases can involve substantial damages:
- Lifetime lost earnings for young, high-earning deceased
- Extensive pre-death medical expenses
- Profound loss of companionship for surviving family
- Punitive damages when conduct was egregious
Conclusion
Fatal TBI cases require careful attention to both survival and wrongful death elements. Experienced wrongful death attorneys maximize recovery by pursuing all available claims and damages.