
Head trauma is one of the scariest and deadliest injuries a person can suffer. Depending on how severe the head trauma is, it can lead to instant long-term disability, cognitive damage, and death.
The most tragic cases see head trauma resulting in wrongful death, leaving families and friends devastated.
According to global health statistics, body trauma is the sixth leading cause of death worldwide. This includes trauma to the head and brain. In the U.S., traumatic brain injuries (TBI) contribute widely to fatalities in car accidents, slips and falls, and acts of violence.
Fortunately, those left behind have recourse to seek justice and compensation for their anguish and losses. However, it is important to understand how these legal cases work and the implications.
Common Causes of Fatal Head Trauma
Fall head trauma can happen in various situations. Sadly, many of the situations involve recklessness or negligence. Some of the most common causes of head trauma and subsequent death include:
- Accidents. Vehicular crashes are a leading cause of fatal head trauma in the U.S. High-speed accidents involving trucks, cars, and motorcycles can result in severe head injuries. The lack of a seatbelt or helmet usually worsens these injuries.
- Slips and falls. Falls are another major cause of head trauma. This is especially true for older adults. While many people slip and fall at home, too many slip and fall because of negligence or carelessness.
- This is why property owners must maintain a safe environment or premises to prevent such incidents.
- Workplace accidents. Some workplaces are more hazardous than others. For instance, in the construction or industrial sector, workers are at risk of head trauma every day. This is mainly because of potential falling objects and equipment malfunctions.
- Sports. Those who love contact sports like boxing, cycling, and football are at a higher risk of head trauma than the average person. Depending on how the head trauma is sustained, it can also result in death.
- Violence. There is a scourge of violence in the U.S. (and worldwide). This often leads to severe head trauma because of assaults, gunshot wounds, and physical altercations. Domestic violence is also one of the causes of violence-related head trauma.
Understanding Wrongful Death in Head Trauma Cases
If one person is negligent or does something to hurt another person, and that person dies, it is referred to as wrongful death. In cases of fatal head trauma, families of the deceased can file a wrongful death claim.
Who Can File a Wrongful Death Claim?
States differ slightly when it comes to individuals who can file wrongful death claims. In Texas, Oklahoma, and Colorado, the following rules apply:
- Texas. In this state, the spouse, children, or parents of the deceased can file a wrongful death lawsuit. If a lawsuit is not filed within three months, the executor of the deceased’s estate may also pursue legal action.
- Oklahoma. The executor of the estate usually files a wrongful death claim in Oklahoma on behalf of the surviving family members.
- Colorado. In the first year after a wrongful death occurs, only the spouse can file a claim. Afterward, children and other designated beneficiaries may file.
Note that each state has its own version of a statute of limitations. It is in the family’s best interest to act quickly if they want to pursue a legal claim.
Proving Negligence in a Wrongful Death Case
Anyone who wants to pursue a legal case after a wrongful death must prove that the deceased lost their life due to head trauma. They must also link the head trauma to the negligence of another person or party. This means establishing the following:
- Duty of care. The person filing the case, along with their lawyer, must prove the at-fault party had a legal duty to act safely and responsibly.
- Breach of duty. The at-fault party somehow failed to uphold their legal duty of care. This is typically through misconduct or negligence.
- Causation. The link must be made between the breach of duty and the head trauma that resulted in death.
- Damages. The person bringing the case must also show damages. This means proving that the wrongful death led to financial and emotional losses.
Compensation in Wrongful Death Claims
Those who file wrongful death lawsuits may be compensated for various losses and expenses. These include:
- Medical costs. These expenses are related to emergency care, treatment, surgery, and hospitalization before the victim’s passing.
- Funeral costs. This refers to all the expenses incurred to lay the deceased to rest.
- Loss of income. The surviving spouse or children can claim compensation for lost financial support if the deceased was a breadwinner.
- Loss of companionship. The death of a loved one can be incredibly difficult for a spouse, children, or parents to deal with. As such, they are usually entitled to ask for compensation for loss of companionship.
- Pain and suffering. It is also possible to be compensated on behalf of the deceased for their physical and emotional suffering before death.
In certain cases, the person filing the case may be entitled to punitive damages. This is usually true for cases involving gross negligence or intentional harm.
Legal Challenges in Wrongful Death Claims
Wrongful death cases are complex by nature. When they involve head trauma, they become more challenging.
For instance, it may be difficult to establish fault, especially if more than one party was involved in the accident.
Sometimes, there is no way to connect head trauma to death without the help of a medical expert’s testimony. This costs money, which can run into hundreds or even thousands of dollars.
There is also the relevant insurance company to contend with. The majority of insurers simply do not want to pay settlements. This means they will do their best to avoid doing so by disputing claims.
Hiring a Wrongful Death Attorney Can Help
If you have lost a loved one due to negligence and want to file a legal case, a wrongful death lawyer can help. Your lawyer will investigate the cause of death, get the evidence needed, and identify the at-fault parties. Moreover, the lawyer will also negotiate with insurance companies for a fair settlement.
An expert wrongful death attorney can make all the difference when securing compensation and moving forward.