What to Do If a Catastrophic Injury Leads to Death before the Case Is Settled

If a loved one has suffered a catastrophic injury – including a serious brain injury or spinal cord injury – stemming from the careless or reckless actions of someone else, it could lead to filing a personal injury claim to recovery expenses and losses associated with the injury and its short- and long-term effects.

But if before the case can be resolved the victim dies from his/her injuries, it doesn’t mean legal action has to stop.

However, it would require someone to step in as the plaintiff against the individual whose negligent behavior led to the accident and resultant injuries. This could lead to a survival action and/or a wrongful death claim. It will be important to discuss these options with a Denver injury attorney to gain a better understanding of one’s legal rights under Colorado law.

Some of the most common catastrophic injuries include:

  • back Injuries;
  • neck injuries;
  • brain injuries;
  • burns;
  • organ damage;
  • paralysis;


    • paraplegia; and


  • quadriplegia.


Pursuing a Survival Action If a Loved One Dies in the Midst of a Catastrophic Injury Case

When a personal injury action is brought against another party, whether it’s a claim or a lawsuit, it can still survive even when the individual has lost his/her life. A personal representative would have to take it over. Sometimes this is done in conjunction with a wrongful death claim. both of which a Denver injury attorney can help Colorado families pursue.

In Colorado, the only compensation that can be pursued is loss of earnings and any expenses incurred prior to the loved one’s death. This may include property damage (such as a car in an accident) or medical bills (stemming from the accident).

Pursuing a Wrongful Death Claim When a Loved One Dies in the Midst of a Catastrophic Injury Case

A wrongful death claim may also be filed if a loved one has died before an injury case has been settled. This allows survivors of the deceased to recover compensation for their losses resulting from the death. If the loved one was a spouse, damages for loss of companionship may be addressed.

A legal action can also include:

  • emotional stress;
  • grief; and


  • pain and suffering endured by surviving parties (typically a spouse, children, and parents in some cases) due to the loss of a loved one.

Loss of support and benefits (including insurance) and other losses or expenses incurred by the survivors as a result of the individual’s death should be considered by a Denver injury attorney helping Colorado families pursue a claim.

Get Help from a Denver Injury Attorney If Pursuing a Case in Colorado

D.J. Banovitz can explain the next steps that should be taken when a personal injury claim was filed but the individual tragically lost his/her life following a catastrophic injury. Surviving family members can learn some of the potential legal options that may be pursued.

Call 303-300-5060 to set up a consultation with a Denver injury attorney for help with a Colorado survival action case or wrongful death claim if the victim of a catastrophic injury has passed away.

D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case. D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.