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)
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.