The Elements of a Brain Injury Wrongful Death Suit


Every year, thousands die from wrongful deaths of various brain injuries. As a result, many survivors are put in a position where their lives and security suffer, financially and otherwise in addition to the already high emotional price paid. It is reasonable to expect that if the death is due to another, that the other party should be held responsible. While a wrongful death suit cannot replace those priceless aspects of the person lost, it can help to restore some sense of financial security after the many monetary losses associated with a wrongful death. When the survivors are considering filing a wrongful death suit after losing their loved one, otherwise known as the decedent, there are some elements of a wrongful death suit with which they should be familiar.

Wrongful Death Suit: The Definitions

In order to be considered a wrongful death, the decedent’s passing must have been caused by willful wrongdoing, gross negligence, or inaction of another party or the agents of an entity. This means that the death specifically must have resulted from those actions, not due to disease or even the action of the deceased. In other words, if a patient dies from a disease that results in death but the physicians and hospital all acted responsibly, the death is not considered wrongful. If a patient dies from a disease due to acts that were willfully wrong, negligent, or even the inaction of a hospital or its agents, then this can be considered a wrongful death.

Wrongful Death Suits: The Defendant(s)

In order to qualify as a wrongful death, the death must be proven to have been caused by another party or multiple parties, the defendant(s).

Wrongful Death Suits: The Survivors

In order for a wrongful death suit to proceed, it must be proven that the decedent has survivors that are suffering financially as a result of the loss. Survivors can include the spouse, immediate family, children, dependents, dependent parents, dependent siblings, and other beneficiaries. This can also include people who were expecting an inheritance through the defendant.

Wrongful Death Suits: The Losses

A wrongful death suit claim must prove that financial losses are being suffered by the survivors that wouldn’t be suffered if the decedent hadn’t died. Some examples include loss of an income that would have supported the family in the future, child support payments, bill paying, and so forth. There will also be medical, funeral, and burial fees. Additionally, if parents or siblings were supported by the decedent, this can be considered a loss as they no longer have that support. There are also losses that, while not originally financial in nature, can be given a monetary value such as parental guidance that is now lost to the children of the decedent, or protection or security, as well as comfort and companionship loss. There may be other emotional losses that can be given a monetary value as determined by the wrongful death lawyer and verified in court.

Elements of a Wrongful Death Suit: How are they determined?

A wrongful death lawyer is your best source for helping to determine that all the elements of a wrongful death suit are met as required before a claim can be considered successful. Some of the elements, such as monetary value, can be difficult to determine without experienced and qualified help. Particularly, the elements of a wrongful death suit can be difficult to prove as the defendant’s agents will be determined to disprove any and all of the elements. It is most important that all of the elements are strong and inarguable. Again, a wrongful death lawyer is vital to not only strengthening these aspects of the case, but making sure that their strength is evident and undeniable to the court.

Pursuing a Wrongful Death Suit

If you suspect that your loved one was the victim of a wrongful death, it is important that you contact a wrongful death lawyer for the increased success of your potential wrongful death suit claim. Michael Ehline of Ehline Law Firm is not only experienced but successful in the arena of wrongful death cases. His years of experience, wealth of knowledge, and pool of experts and resources all benefit families who, in their time of need, are attempting to put their lives back together. Ehline Law Firm is convenient to many areas of California, including Sacramento, San Diego, Los Angeles, and San Francisco. Please call Ehline Law Firm today at 1-888-400-9721.