North Carolina Wrongful Death Brain Injury Lawyer
Key Highlights:
- North Carolina wrongful death brain injury lawyers assist families when a family member dies due to an injury to the head sustained after an accident, fall, medical negligence, or unsafe treatment.
- Legal cases related to wrongful deaths caused by brain injury, often involving a brain injury death lawsuit, can include delayed brain swelling, intracerebral hemorrhage, diffuse axonal injury, anoxia, and other complications.
- Usually, the wrongful death case is filed by a personal representative of the estate in North Carolina.
- Wrongful death compensation in NC may include the costs of medical assistance, funerals, lost income, pain experienced before death, and loss of companionship.
- Medical experts are essential in fatal injury cases, as an accurate timeline and good medical proof are required in such cases.
Indubitably. If your loved one suffered a traumatic brain injury because of negligence in North Carolina, your estate might have a wrongful death claim, also referred to as a traumatic brain injury claim. A North Carolina wrongful death brain injury lawyer will help you to prove the cause of injuries, the relationship between brain injury and death, and the losses endured by the family.
My name is Robert Tatum, and I am an attorney at Tatum & Atkinson Law Firm, a law firm established by veterans in 2005. With its decades of experience, our law firm has over 65 years of helping families in North Carolina affected by fatal injuries. We will fight for you.
For a free initial consultation, give (800) 529-0804 a call.
When is a Brain Injury Considered a Wrongful Death?
North Carolina permits a wrongful death action to exist when death has been caused by a wrongful act, neglect, or default of another party. You can check the official wrongful death statute found at N.C.G.S. § 28A-18-2. A fatal accident lawyer NC can help with it.
A wrongful death brain injury attorney examines whether a claim for personal injury would have succeeded if the victim had survived, as well as whether, if so, an estate can bring a wrongful death case.
Brain Swelling and Post-Injury Death
Brain trauma does not always make itself known immediately. The patient may appear to be doing fine for hours or days while brain swelling, brain bleeding, lack of oxygen, or increased pressure in the skull gradually make the brain trauma deadly.
Introduction to DAI
DAI is a type of brain injury that results from the sudden movement or shaking of the head, resulting in tearing of nerves in various parts of the brain that may not be visible and may be more severe than localized brain damage.
What Leads to DAI?
DAI is caused by accidents, falls, or any activity leading to sudden jerking movements of the head that result in tears in axon fibers in different parts of the brain responsible for controlling consciousness.
Why Is DAI Difficult to Diagnose?
Diagnosis of DAI is hard since the condition cannot be identified using CT scans due to the injury occurring at a microscopic level, and therefore no mass formation occurs.
Classification of DAI
The extent and duration of unconsciousness determine the severity of the diffuse axonal injury, and it can range from mild to moderate to severe.
Establishing DAI in the Case of Wrongful Death
Due to the fact that DAI may be difficult to detect using ordinary methods, the role of an expert witness with neurological knowledge is crucial to proving the injury and its fatal consequences.
What Types of Brain Injuries Can Cause Death?
An NC attorney specializing in TBI, also known as a North Carolina TBI lawyer, will likely analyze medical documents, images, consultation notes, surgical reports, etc., in order to determine what has happened to the patient.
| Problem Related to Brain Injury | Why Does it Matter? |
| Brain swelling | Brain pressure can injure brain tissues and lead to death |
| Brain hemorrhage | Slow brain bleeding gets worse in hours and days |
| Lack of oxygen | Loss of oxygen causes permanent brain damage |
| Other medical problems | Hospitalization causes additional risks |
Apart from looking at other medical conditions, an expert catastrophic injury lawyer NC will also consider the possibility that the brain injury might have been avoided if there had been early detection and treatment.
Brain Injuries Due to Medical Malpractice
Not all brain injuries have to be a result of accidents. Brain injuries may also happen in case there is a failure in diagnosis or delays in providing treatment due to negligence during the process of monitoring in a hospital setting.
Nursing Homes and Malpractice Cases
If nursing home workers fail to monitor the symptoms, delay imaging, or ignore the danger signs associated with brain injury, it becomes possible for families to make wrongful death cases other than just the initial accident itself.
Brain Injuries Due to Hospital or Treatment Negligence
Any mistake made in the hospital can end up being one of the contributing factors to brain injuries or increase their seriousness, hence resulting in claims of medical negligence.
Misdiagnosis and Failure to Order Proper Imaging Tests
Failure to ask for proper imaging tests such as a CT scan or MRI can result in severe brain injury as it causes undetected swelling and bleeding.
Early Hospital Discharge after Head Injury
Releasing one early from the hospital after an injury to the head without looking for late signs would be deemed negligent, and this may lead to an avoidable death.
What Accidents Commonly Cause Fatal Brain Injuries?
Brain injuries may occur in accidents that involve violence but also in small accidents that rapidly become grave ones. A fatal brain injury attorney NC may be able to probe an accident involving cars, trucks, motorcycles, pedestrians, slip and falls, and more.
Fatal Brain Injuries of Nursing Home Residents
Seniors are more susceptible to fatal brain injuries while in nursing home, hospital, and rehabilitation facility care. Ignoring symptoms and failing to scan and monitor swelling can be signs of negligence.
Permanent Consequences of Severe Brain Injury
Patients who survive the effects of brain trauma are usually left with permanent mental deterioration, changes in personality, seizures, and the inability to perform simple tasks before their deaths. Permanent consequences are critical in establishing the worth of a wrongful death case.
What Information Can Help With Proving The Case?
Medical and legal information linking the death to the negligent act is essential in bringing a claim of fatality from a head injury. A brain injury wrongful death attorney will collect all necessary documents while the evidence is still available.
- Emergency room, hospital, and neurological records, including CT scans, MRI results, surgery records, and autopsy results
- Accident or fall reports, witness statements, pictures, and video footage
- Nursing home records, complaints filed in the past, and insurance communications
- Drugs and treatment history indicating the injury development process
Medical Expert Witness Testimony in a Wrongful Death Claim
It is common for physicians, nurses, and life care planners to give testimony regarding how the injury occurred and ultimately led to death. Any claim for the death caused by head injury must be backed up by all medical reports.
What Probably Could Be Recoverable?
Compensation that could be recoverable in a wrongful death brain injury case might include:Â
- hospital bills
- burial costs
- pain and suffering
- loss of wages
- loss of service
- loss of care
- companionship, and
- guidance for surviving family members.
Calculating Future Financial Losses
The future loss of income would require the services of an economist to estimate losses based on the deceased’s age, salary, pension, employment prospects, state of health before the accident, and financial contribution to surviving relatives.
Insurance Company Defenses
Some of the defenses used by insurance companies include alleging that the death was caused by a pre-existing illness and not the accident and that delay in seeking treatment breaks the chain of causation.
Support for Families Involved in Litigation Process
The families who are emotionally distraught and grief-stricken because of the loss of a loved one should not have to add more worry to their shoulders by trying to understand the legal papers. The wrongful death brain injury attorney takes care of everything else.
If Your Wrongful Death Claim Goes to Trial
Although most cases will settle outside of court, sometimes it is necessary to take a case to trial. A seasoned lawyer is prepared for this scenario and has all of the necessary evidence ready to present to a jury.
Talk To A North Carolina Wrongful Death Brain Injury Attorney Now
If you need help with wrongful death after a tragic brain injury, the legal team at Tatum & Atkinson Law Firm is available to provide wrongful death legal help in understanding the circumstances surrounding the incident, collecting evidence, and exploring your next course of action.Â
A skilled North Carolina wrongful death brain injury attorney will explain if there was negligence involved that led to the death and what reimbursement you can receive. The consultation is free of charge, and you will not pay for any attorney’s fees unless the compensation is recovered.Â
Call (800) 529-0804 today for a first free consultation.
FAQs: North Carolina Wrongful Death Brain Injury Lawyer!
Can a delayed brain injury cause wrongful death?Â
Yes a delayed brain injury can definitely cause wrongful death. This is because brain swelling, brain bleeds, oxygen deficiency, or complications may occur with the accident, thus making a case of wrongful death.
Who files the lawsuit?Â
The wrongful death lawsuit is usually filed by the personal representative of the estate or the administrator of the estate on behalf of the heirs of the decedent. These are the only ones who can legally file a wrongful death lawsuit.
What if the victim survived for months before passing away?Â
That could be a possibility, especially with brain injuries. Proving that death resulted from the brain injury would assist the estate in obtaining compensation. It is important to collect medical evidence pointing in that direction.
How are future lost earnings calculated?Â
This is done through an economist considering factors such as age, earnings, and health of the deceased person before the accident. In North Carolina Law, the present value of the earnings that the decedent would have earned in his/her lifetime can be recovered.
Can multiple family members recover compensation?Â
Yes, multiple family members can definitely file a compensation claim. Compensation will be given to the entitled parties in accordance with the laws of North Carolina.