Wrongful Death & Traumatic Brain Injury

Compassionate Irvine Brain Injury Attorney

According to the Centers for Disease Control and Prevention (CDC), 52,000 people die from a traumatic brain injury (TBI) every year. Losing a loved one as the result of a TBI can be among the most difficult situations we will ever face and when this loss is due to the negligence of another party, family members can be left with anger and grief. For many, the loss of a loved one can threaten their family’s livelihood. If you have lost a loved one after a traumatic brain injury, you may be eligible to receive compensation for your loss.

Accidents which can cause a fatal brain injury include:

At the Law Offices of Thomas E. Rockett, we understand that monetary compensation can never make up for the loss of your family member, but it can help your family move forward in the wake of this tragedy. Our Irvine brain injury attorney can provide the supportive legal guidance you need during this emotional time.


Choose a top-notch legal advocate to represent your family. Call (714) 701-8182 today.


What Constitutes Wrongful Death?

In California, a wrongful death occurs when a person is killed as the direct result of a negligent or intentional act of another party. A wrongful death lawsuit can be brought against an individual as well as a corporate entity such as when a manufacturer’s faulty product leads to a fatality.

A wrongful death claim is a civil lawsuit and requires only that the representatives of the victim prove that the alleged events were more likely than not to have occurred. This is lower standard of proof than in a criminal case, such as murder or homicide, where charges must be proven beyond a reasonable doubt. Penalties and sentencing of a civil case are also separate from a criminal case. This means that even if the guilty party is not criminally charged or punished with jail time, you can still seek damages in civil court.

Damages for Wrongful Death

In a civil lawsuit for a fatal brain injury, like other personal injury cases, you are able to seek monetary reimbursement for the damages caused by the guilty party. Civil lawsuits rarely include punitive damages, meaning you can typically only sue for damages that you can show are directly related to the negligent actions. Representatives of the victim can claim damages (1) suffered by the deceased which they would otherwise claimed themselves and (2) losses incurred by surviving relatives as a direct result of the death.

Losses you may claim include:

  • Funeral and burial expenses
  • Medical bills incurred before death
  • Lost income and earning potential of the deceased
  • Loss of emotional companionship and guidance

Retain a Trusted Brain Injury Attorney

If your family has experienced the wrongful death of a loved one from a traumatic brain injury, our firm can help. With more than 25 years of experience handling personal injury cases, our Irvine brain injury attorney can help you secure the settlement you deserve. At the Law Offices of Thomas E. Rockett, we are dedicated to helping you through this emotional time.

We are here to answer any questions you may have. Request a free case evaluation to talk to a lawyer about your case today.