Few losses feel more disorienting than losing someone after a traumatic brain injury (TBI), especially when the injury led to days or weeks of treatment before death. In Washington, those cases may involve a wrongful death claim and a survival action. The wrongful death claim addresses losses suffered by surviving family members, while the survival action allows the estate to pursue certain damages the injured person could have claimed before death.
Wrongful death and survival actions address different harms
These are separate claims, and each serves a different purpose. A wrongful death claim usually focuses on the family’s loss, including the loss of a relationship, support and other legally recognized damages. A survival action focuses on harm suffered by the person who died before death, which may include medical expenses, lost earnings and, in some cases, pain and suffering.
A fatal TBI case may involve substantial pre-death losses
A traumatic brain injury may lead to emergency care, hospitalization and rehabilitation before death. That history can make the survival action especially important. The estate may have a claim tied to the care the person received, the pain endured and the financial losses that built up before death.
The family may also have a separate claim based on the loss of support, companionship and other future harm. Those two parts of the case may grow out of the same event, but they do not measure the same types of damage.
Estate procedures can shape the case early
A survival action usually proceeds through the estate, which means families may have to address personal representative and filing issues early. In a fatal brain injury case, medical records, treatment history and estate documents may shape how the claims move forward. A lawyer handling a fatal injury case can help gather that information and make sure the case follows the law from the beginning.