When Catastrophic Injuries Turn Fatal
Unfortunately, many catastrophic injuries ultimately prove fatal. Death may occur immediately after the accident, during initial treatment, from complications during recovery, or from conditions that develop over time (infections, organ failure, etc.).
Who Can File a Wrongful Death Claim
Depending on state law, the following may file wrongful death claims:
- ✓Surviving spouse
- ✓Children (minor and adult)
- ✓Parents
- ✓Estate representative
- ✓Domestic partners (in some states)
- ✓Financial dependents (in some states)
Wrongful Death Compensation
Families may recover compensation for: funeral and burial expenses, medical costs before death, lost financial support and inheritance, loss of companionship and consortium, loss of parental guidance (for children), emotional distress, and sometimes punitive damages.
Survival Actions
In addition to wrongful death claims, the estate may pursue a "survival action" for damages the deceased could have claimed had they lived, including pain and suffering between injury and death.