Wrongful Death Claims for Fatal Brain Injuries
A skilled East Texas brain injury lawyer can help your family get justice
Losing a loved one to a fatal brain injury is a tragedy that nobody wants to experience. When that loss results from someone else’s negligence or misconduct, the pain can be even more overwhelming.
If you lost a loved one due to a fatal brain injury, you may have the right to pursue a wrongful death claim to seek justice and compensation for emotional and financial suffering. An East Texas wrongful death attorney at Weinstein Law can seek justice for your loved one and closure for your family.
What legal steps should I take if I lost a loved one due to a brain injury?
If your loved one died due to a fatal brain injury caused by another’s negligence, the first step is to get legal help. Attorney Jeff Weinstein can evaluate your situation and determine if you have grounds to file a claim.
During an initial consultation, Jeff can review the circumstances leading to your loved one’s brain injury and identify liable parties such as employers, property owners, or motor vehicle drivers.
He can also review your loved one’s medical records, accident reports, witness statements, and expert testimonies to build a strong case that links the at-fault party’s actions to the fatal brain injury. Then he can file a wrongful death claim on behalf of your family and ensure all legal deadlines are met.
How do I prove wrongful death in fatal brain injury cases?
Proving that the at-fault party’s negligence led to your loved one’s fatal brain injury involves demonstrating four legal elements:
- Duty of care: Establishing that the at-fault party had a legal responsibility to ensure the victim’s safety. For example, employers must provide safe work environments, and property owners must maintain safe premises.
- Breach of duty: Showing that the liable party failed to uphold their duty of care by acting negligently or recklessly.
- Causation: Proving that the breach of duty directly caused your loved one’s fatal brain injury.
- Damages: Outlining the losses suffered by the family, including medical expenses, funeral costs, lost future income, and emotional distress.
What incidents can lead to wrongful death claims for brain injuries?
Fatal brain injuries can result from various incidents where negligence may be a factor, including:
- Car accidents head injury: Severe collisions, especially at high speeds or involving commercial vehicles, can lead to fatal head trauma.
- Workplace head injury: Unsafe conditions, particularly in industries like construction, can cause deadly brain injuries.
- Slip and fall head injury: Falls due to hazardous property conditions can be especially dangerous for older adults.
- Assault-related head injury: Victims of violent attacks who suffer fatal brain injuries may leave families eligible to file wrongful death lawsuits.
- Sport-related head injury: Negligence in sports settings, such as inadequate safety gear or lack of medical attention, can result in fatal head injuries.
- Bicycle accident head injury: Cyclists and pedestrians struck by negligent drivers often sustain severe brain injuries.
- Pedestrian accident head injury: Pedestrians struck by negligent drivers can sustain fatal brain injuries.
- Domestic violence head injury: Fatal brain injuries from domestic abuse can lead to wrongful death claims against the perpetrator.
- Nursing home head injury: Elderly residents may suffer fatal head injuries due to falls or lack of proper care.
- Pool injuries: Drownings or near-drownings from unsecured pool areas can cause fatal brain damage.
How can families secure compensation in a wrongful death brain injury case?
A wrongful death claim allows families to seek financial compensation for their profound loss. Possible damages include:
- Medical expenses
- Funeral and burial costs
- Loss of income
- Pain and suffering
- Loss of companionship, guidance, and support
Negotiating a fair settlement can be challenging in a brain injury wrongful death case. Jeff ensures all economic and non-economic damages are considered and advocates for your family’s best interests.
Take the first step toward justice and the closure your family deserves
If your loved one suffered a fatal brain injury due to someone else’s negligence, you need a strong legal advocate who understands your pain and is committed to fighting for the justice your loved one deserves. Jeff offers compassionate support while tirelessly advocating on your behalf.
Jeff has over 20 years of experience holding negligent parties accountable in wrongful death cases throughout Henderson County. He knows how insurance companies operate and won’t let them dodge responsibility or minimize your loss. To help strengthen your case and streamline your recovery, Jeff works with a Brain Trauma Specialist who provides evaluations, tailored treatment plans, and expert testimony.
While you focus on healing, let Jeff and his team handle the legal fight. Contact us online today or call our Athens law office for a free consultation to discuss your case and get honest answers. If you can’t make it to our Athens office, Jeff will come to you – wherever is most convenient.