There are many ways in which a person can cause the wrongful death of another, legally speaking. It can be deliberate, or it can be accidental based on their actions or an accident based on inaction. Basically, you may have a claim for wrongful death if for some reason, an unnecessary death occurred that was the fault of another person.
When someone you love dies unnecessarily the sense of shock and loss can be infinitely greater than if they died of natural causes. In fact, many individuals who are affected in this way can only achieve closure once they bring a wrongful death claim and see the person who caused the death brought to justice.
The Purpose of a Wrongful Death Claim
What might be the result of a wrongful death claim? Assuming that the case is successful, it could result in a recovery of expenses related to the death and any associated medical treatment. It may also result in an award to the family for lost earnings on the part of the deceased. In some cases, claims for inheritance and pension benefits may also be successful as part of a wrongful death claim.
The process requires a first-class attorney. It must be established that the person initiating litigation is in fact eligible to benefit from such a case. The criteria for this will vary from state to state. In addition the statute of limitations, which is basically the amount of time that is allowed to elapse before you can no longer bring about a wrongful death claim, also varies from state to state. For these reasons, it is essential to consult with a wrongful death lawyer who practices specifically in the state in which your case happened.
When Brain Injuries Occur
Brain injury is one of the leading causes of wrongful deaths in the USA. In cases where traumatic brain injury has resulted in death, you will need to seek litigation for wrongful death. But often, TBI does not lead to death.
The definition of traumatic brain injury is itself wide. It includes injuries where the skull is broken or damaged so that the brain is injured from an external impact or a blow. It also includes injuries where the skull itself is not broken or penetrated. This is more commonly known to us as whiplash injury, as sustained in a vehicle accident, or when someone shakes a small child, also known as Shaken Baby Syndrome.
The brain is one of the most sensitive parts of the body. When it is injured, permanent damage often results. Medical treatment after a head injury of any sort is essential. Damage is not always apparent immediately and if treatment is not sought it can lead to tragic consequences. Physical disability can be the result in some cases.
Once you have medical confirmation of traumatic brain injury you need to contact a personal injury lawyer as soon as possible. Litigation for this type of case often takes a long time and you’ll need to relate the details while they are still fresh in your mind. Also, you need to make your claim before the statute of limitations runs out.