Traumatic Brain Injury Victim Dies
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Brooks Schuelke, Esq.
Schuelke Law PLLC
Austin, TX (Law Firm Newswire) July 28, 2021 – An Indiana pilot who sustained a traumatic brain injury (TBI) in 2019 recently died due to complications from that injury. As a result, the existing personal injury lawsuit became a wrongful death lawsuit.
The pilot suffered a permanent TBI, lost his eyesight due to traumatic optic neuropathy, was paralyzed from the waist down, requiring a wheelchair and needed full-time nursing staff and the help of his family. His medical bills at times reached $15,000 a month.
The man’s family filed a lawsuit against a local businessman and a leasing company who purchased the plane in 2013. Court documents allege the businessman asked the pilot to fly the plane to a facility for an inspection. However, the pilot was not aware the aircraft had multiple repair and maintenance deficiencies, nor was he made aware that he was not covered under the plane’s insurance policy.
The National Transportation Safety Board felt the crash was most likely due to the loss of power in the left engine resulting from an improperly adjusted fuel servo. Fuel servo diaphragms measure the airflow and adjust the fuel to air ratio. The aircraft carburetor and fuel servos are critical to run the engine properly.
When someone dies before or during a lawsuit resulting from the conduct that caused the person’s death, there are substantial consequences on how that lawsuit continues.
“If someone dies before bringing a personal injury lawsuit or dies in the midst of on an ongoing lawsuit, the estate may be able to bring a wrongful death lawsuit and, in some instances, they may be able to include the personal injury lawsuit,” said Brooks Schuelke, an Austin wrongful death attorney, not involved in this case.
Each state follows its own laws, and it is best to discuss your case with a competent wrongful death lawyer. If a family member dies due to the negligent or intentional act of another, family members may be able to file a wrongful death claim. Any money awarded is paid to a surviving spouse, children, parents or the estate.