Brain Injury Wrongful Deaths: Helping the Survivors Regain their Lost Security

Yes, it is true, a neurological brain injury can easily lead to a wrongful death.  Christopher Reeves comes to mind.  Here was a man who became quadriplegic after falling from a horse.  although his brain itself was not damaged, his brain was unable to send and receive signals to his extremities and he eventually passed away.  A brain injury can also lead to a coma and death.  The death would be wrongful if it was caused by the fault of an evil doer or wrong doer.

There are huge emotional losses to be experienced by the family and other survivors after someone dear to them dies.  Additionally, the survivors can find themselves suddenly left without a caretaker, a parent, or financial support.  When the death is a wrongful death, those who remain have the right to file a claim of wrongful death against the other party if they are suffering financially.  A wrongful death should not mean the sudden dissolution of the security of the remaining family and loved ones who were dependent on the deceased loved one (aka the “decedent”).

Often, the executor/executrix of the decedent’s estate will hire a wrongful death lawyer to file a claim against the negligent party in an attempt to help the survivors get back to a state of security and well-being.  To best help the survivors, it is important to know some of the factors surrounding a wrongful death.
What defines a “wrongful death”? The decedent must have died specifically because of negligence or a willful wrongful act of another.

Who is responsible for a wrongful death?

A wrongful death can be caused by either an individual, or an entity such as a business or a hospital via their agents, thereafter called the “defendant”.  Wrongful death lawyers are instrumental in determining who exactly is at fault.  Who can expect recovery if there is a wrongful death? While generally it is the executor or executrix of the decedent’s account who files the claim for wrongful death, they do so for the survivors who are suffering financial losses due to the death of the decedent.  Those who can benefit from the recovery are the immediate family, the children or dependents including surviving, dependent parents or siblings, as well as beneficiaries.  All of those who expect part of the settlement must be shown to actually be suffering in a way that can be measured monetarily.

What all can be considered a loss in a wrongful death?

In a wrongful death claim, most of the losses can already be qualified as financial ones.  For example, the losses might include:

  •     Work wages that, in the future, were counted upon to support the family
  • Financial support of children or other underage dependents
  • Surviving parents of the decedent that require assistance from the decedent to remain secure
  • Surviving siblings or other adults who were dependent upon the decedent
  • The loss of an expected inheritance, the receipt of which was dependent on the decedent being alive.

There are other factors that are losses that, while not initially financial, can be translated into monetary value.  They include:

  • Loss of parenting
  •  Loss of protection
  • Loss of a companion or comfort
  • Emotional suffering due to the wrongful death

When a brain injury wrongful death occurs, what next?
The family and estate-handlers of the decedent should immediately call a qualified and locally convenient wrongful death lawyer to discuss their potential case.  Time is of the essence as there are sometimes time limits placed on when a claim can be filed.  The wrongful death lawyer can discuss with the survivors the strength of their case and help them take the necessary steps towards filing the claim.

Why should a wrongful death lawyer be hired?

A wrongful death lawyer can not only provide expertise to a surviving family, but also some peace of mind.  A wrongful death lawyer will have resources and experts that will help to convince the court of the validity of the case’s claim.  They are also well versed with the requirements of the court for a successful case.  Most importantly, the time of a loss is a horrible and exhausting time for the survivors.  They should be given the opportunity to heal without being made to jump through the legal hoops required to, on their own, file and support a wrongful death claim.

Who can help us?

If you suspect that your loved one was the victim of a wrongful death, Michael Ehline of Ehline Law Firm can help.  Mr. Ehline is not only experienced but successful in helping families and other loved ones piece their lives back together and get back on the road to financial and thus emotional security after a wrongful death.  Ehline Law Firm PC is convenient to Los Angeles, San Francisco, San Diego and many other California cities for the ease of the family.  Please feel free to call today at 1-888-400-9721.