When spinal cord injuries prove fatal—whether immediately or after years of complications—families may pursue wrongful death claims for their devastating loss.
When SCI Leads to Death
Immediate Fatalities
Some spinal cord injuries cause death at the scene or shortly after:
- High cervical injuries—C1-C3 injuries may stop breathing instantly
- Severe trauma—accompanying injuries to other organs
- Medical complications—immediate surgical complications
Death from Complications
Many SCI deaths occur months or years after injury from complications:
- Respiratory infections—leading cause of death in quadriplegia
- Sepsis—from urinary tract infections or pressure ulcers
- Cardiovascular events—elevated risk in SCI population
- Pulmonary embolism—blood clots from immobility
Even deaths occurring years after injury may support wrongful death claims if causally connected to the original negligence.
Who Can File Wrongful Death Claims
State laws vary on who may bring wrongful death claims:
- Spouse—in virtually all states
- Children—biological and adopted
- Parents—especially for minor children
- Domestic partners—in some states
- Estate representative—on behalf of heirs
Wrongful Death Damages
Economic Losses
- Lost financial support—income the deceased would have provided
- Lost benefits—health insurance, retirement contributions
- Value of services—household contributions, childcare
- Medical expenses—incurred before death
- Funeral and burial costs
Non-Economic Losses
- Loss of companionship—spousal relationship loss
- Loss of parental guidance—for children
- Loss of consortium—marital relationship impact
- Grief and mental anguish—emotional suffering of survivors
Survival Action Damages
Separate from wrongful death, a survival action recovers damages the deceased could have claimed if they survived:
- Pain and suffering before death
- Medical expenses incurred
- Lost wages from injury to death
Special Considerations in SCI Deaths
Establishing Causation
When death follows SCI by months or years:
- Medical expert testimony linking death to original injury
- Documentation of complications stemming from SCI
- Autopsy results if available
Prior Lawsuit Considerations
If the injured person filed suit before death:
- Lawsuit may continue by the estate
- Some damages may already have been recovered
- Wrongful death claims may be separate or combined
Reduced Life Expectancy Arguments
Defendants may argue SCI already reduced life expectancy, limiting wrongful death damages. Expert testimony on actual versus expected survival is critical.
Calculating Lost Financial Support
Factors Considered
- Deceased's age and health before the injury
- Earning history and capacity
- Work-life expectancy
- Percentage of income devoted to family support
- Value of household services and parenting
Economic Expert Analysis
Economists calculate:
- Present value of lost future support
- Appropriate discount rates
- Inflation adjustments
- Consumption offset (personal expenses deceased would have had)
Non-Economic Damage Considerations
State Law Variations
- Some states cap non-economic wrongful death damages
- Some allow grief and mental anguish; others don't
- Loss of consortium may have separate limits
Proving Non-Economic Losses
- Testimony about the relationship
- Impact of loss on daily life
- Changes in family dynamics
- Ongoing grief and emotional impact
Statute of Limitations
Wrongful death claims have their own filing deadlines:
- Typically 1-3 years from death (not from original injury)
- Government claims have shorter deadlines
- May differ from personal injury statute of limitations
Consult an attorney promptly after any SCI-related death.
Conclusion
The death of a loved one from spinal cord injury or its complications is devastating. Wrongful death claims provide a path to accountability and compensation for the financial and emotional losses families suffer. An experienced wrongful death attorney can navigate the complexities of these cases and pursue maximum recovery.