Wrongful Death After Spinal Cord Injury: What Families Need to Know

The sudden loss of a loved one is always a painful experience. When that loss follows a spinal cord injury (SCI) caused by someone else’s negligence, the grief can be even more profound. Families grappling with wrongful death after a spinal cord injury face unique emotional, legal, and financial challenges. Understanding your rights and available resources is crucial during this difficult time. According to the National Spinal Cord Injury Statistical Center, motor vehicle accidents account for nearly 38.2% of all new SCIs annually. If negligence was a factor, families may have grounds for a wrongful death claim.

Understanding Wrongful Death in Spinal Cord Injury Cases

A wrongful death claim arises when someone dies due to another party’s negligence, recklessness, or intentional act. In the context of a spinal cord injury, this could involve various scenarios:

Motor Vehicle Accidents: A car crash caused by a drunk or distracted driver leads to an SCI, and the injured person later dies from complications related to the injury.
Medical Malpractice: Surgical errors, delayed diagnosis, or improper post-operative care contribute to an SCI, ultimately resulting in death.
Premises Liability: A fall on a poorly maintained property causes an SCI, and the injured person dies due to complications like infections or pressure sores.
Workplace Accidents: Negligence in maintaining workplace safety leads to an SCI, and the injured worker succumbs to related health issues.

Common Causes of Wrongful Death After Spinal Cord Injury

While the initial injury is devastating, many complications can arise from an SCI that can ultimately lead to death. Recognizing these potential risks is essential for families and caregivers:

Respiratory Complications: SCI, especially those affecting the cervical and thoracic regions, can impair respiratory function, leading to pneumonia or respiratory failure, which is a leading cause of death in chronic SCI patients.
Cardiovascular Complications: SCI victims are at a higher risk of developing cardiovascular disease due to reduced physical activity and altered metabolism. Autonomic dysreflexia, a condition characterized by a sudden increase in blood pressure, can also be life-threatening.
Infections: Secondary immunodeficiency is a common complication of SCI, increasing the risk of infections, including pneumonia and urinary tract infections (UTIs). Sepsis, a bloodstream infection, can also be fatal.
Blood Clots: Prolonged immobility can lead to deep vein thrombosis (DVT) and pulmonary embolism (PE), where blood clots form in the legs and travel to the lungs, respectively. A PE is a medical emergency.
Pressure Sores: Prolonged immobility can also cause pressure sores, which, if left untreated, can lead to severe infections and other complications.
Autonomic Dysreflexia: This condition, common in injuries at or above the T6 level, can cause stroke, seizure, or death if not promptly treated.

Legal Options for Families

If you believe your loved one’s death was a result of negligence that led to their spinal cord injury and subsequent complications, you have legal options. A wrongful death lawsuit can help you recover compensation for various losses:

Medical Expenses: Costs associated with the SCI treatment, hospitalization, and ongoing care leading up to the death.
Funeral and Burial Expenses: Compensation for the costs of the funeral and burial services.
Lost Income: Recovery of the income the deceased would have earned had they lived.
Loss of Companionship: Compensation for the emotional support, guidance, and companionship lost due to the death.
Pain and Suffering: In some jurisdictions, you may be able to recover damages for the pain and suffering your loved one experienced before death.

The Role of an Attorney

Navigating a wrongful death claim can be complex, especially while grieving. An experienced attorney specializing in spinal cord injury cases can help you:

Investigate the Accident: Gather evidence to determine the cause of the SCI and identify all liable parties.
Build a Strong Case: Work with medical experts to establish the link between the SCI, subsequent complications, and the death.
Negotiate with Insurance Companies: Handle communications with insurance companies to reach a fair settlement.
File a Lawsuit: If a settlement cannot be reached, file a wrongful death lawsuit and represent you in court.
Understand State Laws: Guide you through the specific laws and statutes of limitations in your state.

Proving Negligence

To win a wrongful death case, you must prove that the defendant’s negligence caused the SCI that ultimately led to your loved one’s death. This involves demonstrating the following elements:

Duty of Care: The defendant had a legal duty to act with reasonable care to avoid harming others.
Breach of Duty: The defendant failed to meet that obligation.
Causation: The defendant’s breach of duty directly caused the SCI.
Damages: Your loved one suffered damages as a result of the injury.

Expert Witnesses

Expert witnesses are crucial in SCI cases to explain complex medical and scientific issues to the court. They can provide insights into:

The nature and severity of the SCI.
The medical care required.
The potential long-term effects of the injury.
How the injury led to the death.

Grief Support and Resources

Dealing with the death of a loved one is an incredibly painful experience. Remember to seek emotional support from friends, family, or professional counselors. Here are some resources that can help:

Grief Support Groups: Connect with others who have experienced similar losses.
Therapists and Counselors: Seek professional help to process your grief and develop coping mechanisms.
Online Resources: Explore websites and online communities that offer grief support and information.

Financial Considerations

The financial burden of a spinal cord injury can be substantial. In addition to medical and funeral expenses, families may face lost income and other financial challenges. Here are some steps you can take to manage these financial considerations:

Review Insurance Policies: Understand the coverage provided by your loved one’s health, life, and disability insurance policies.
Explore Government Benefits: Investigate eligibility for Social Security Disability benefits, Medicare, or Medicaid.
Seek Financial Advice: Consult with a financial advisor to develop a plan for managing your finances.

Taking Action

If you have lost a loved one due to a spinal cord injury caused by someone else’s negligence, it is essential to take action to protect your legal rights and secure your family’s future. Contact an experienced attorney specializing in spinal cord injury and wrongful death cases for a consultation. They can evaluate your case, explain your options, and guide you through the legal process with compassion and expertise.

Disclaimer: This blog post is for informational purposes only and not legal advice. You should consult with an attorney to discuss the specific facts of your case.