A fractured skull occurs when one or more bones in the head break, typically from impacts like car accidents, falls, or assaults. Since the skull protects the brain, any fracture is an emergency, and victims may have legal rights if the injury results from negligence, such as unsafe driving or property conditions.
Yes, a fractured skull can be fatal, especially when complications like brain bleeding, swelling, or infections arise. Immediate medical treatment is crucial to prevent death. If negligence is involved, our Houston wrongful death lawyer can help victims or their families pursue compensation for medical costs, lost wages, and wrongful death under Texas law.
Types of Skull Fractures
- Linear Fractures: A simple crack in the skull, typically less severe but requiring medical attention. Complications can arise if brain damage occurs alongside the fracture.
- Depressed Fractures: Parts of the skull are pushed inward toward the brain, often requiring surgery. These carry a higher risk of brain damage, bleeding, or life-threatening complications.
- Basilar Skull Fractures: A break at the base of the skull, extremely dangerous, with a high risk of fluid leaks, nerve damage, and fatal brain injury.
- Diastatic Fractures: Occur along cranial sutures, are more common in children. Though less frequent, they can cause significant brain injury and long-term effects.
- Open (Compound) vs. Closed Fractures: Open fractures break through the skin, increasing infection risk, while closed fractures can still cause internal bleeding or swelling, leading to brain damage or death.
Higher Risk of Brain Damage or Death:
- Depressed and Basilar fractures pose the greatest risk of severe brain damage or death due to their direct impact on brain tissue and critical structures.
- Open fractures are also highly dangerous due to the increased risk of infection.
How a Skull Fracture Becomes Life-Threatening
A skull fracture can become life-threatening due to complications like brain bleeding (intracranial hemorrhage), brain swelling (edema), and damage to brain tissue, which can lead to permanent injury or death if untreated. Infections from open fractures, such as meningitis, also pose a significant risk, potentially becoming fatal without prompt treatment. Complications That Can Be Life-Threatening:
- Brain bleeding (intracranial hemorrhage).
- Brain swelling (edema) and raised intracranial pressure.
- Damage to brain tissue.
- Infection (e.g., meningitis) in open fractures.
Risk Factors That Increase the Chance of Death
Several factors increase the risk of death following a skull fracture, including the severity and location of the fracture, particularly if it affects vital brain regions. Age (infants and the elderly) and underlying health conditions can also make recovery more difficult. Delayed treatment, especially for brain swelling or bleeding, worsens the chances of survival, and blood thinners can increase the risk of fatal bleeding. Risk Factors That Increase the Chance of Death:
- Severity and location of the fracture.
- Age (infants, elderly).
- Delayed or absent medical treatment.
- Underlying health conditions.
- Use of blood thinners.
Your Legal Rights After a Skull Fracture
If your skull fracture is caused by another party’s actions, such as in accidents, unsafe workplaces, or medical negligence, you may be entitled to compensation. In Texas, personal injury claims must be filed within two years under § 16.003 of the Texas Civil Practice and Remedies Code. Criminal responsibility covers offences like assault, while civil claims address harm caused by negligence. It’s crucial to act quickly, as missing this deadline can bar your right to compensation.
- Medical Expenses (Current and Future)
You can pursue compensation for both current and future medical expenses, including emergency care, surgeries, rehabilitation, and ongoing treatments. These costs are crucial in personal injury claims, as they reflect the financial burden caused by the injury. Under Texas Civil Practice and Remedies Code § 16.003, you have a limited time to file your claim for medical expenses after an injury, so it’s important to act promptly to ensure you recover the necessary costs for both immediate and future care.
- Lost Income and Reduced Earning Capacity
If a skull fracture affects your ability to work, you may be entitled to compensation for lost wages and diminished future earning capacity. This includes both past income loss and the long-term financial impact. Texas Civil Practice and Remedies Code § 33.001 outlines how damages may be adjusted based on fault, and a timely claim is essential to recover compensation for income loss related to the injury.
- Pain and Suffering
Compensation for pain, emotional distress, and a reduced quality of life can be pursued, especially for lasting injuries like a skull fracture. Proper documentation is essential for proving the severity of these effects. In Texas, Civil Practice and Remedies Code § 41.001 helps define the scope of non-economic damages like pain and suffering, which can be claimed as part of your injury settlement or judgment.
- Long-Term Care and Rehabilitation Costs
Severe skull fractures often require long-term care, including physical therapy and home care. These ongoing costs can be claimed if linked to another party’s negligence. Texas Civil Practice and Remedies Code § 16.003 ensures that you can seek compensation for both immediate and long-term medical needs, but be mindful of the filing deadline to secure reimbursement for necessary rehabilitation costs.
- Wrongful Death Claims for Family Members
If a skull fracture leads to death, surviving family members can file a wrongful death claim to recover funeral costs, lost support, and companionship. Under Texas Civil Practice and Remedies Code § 71.002, family members can seek compensation for the death caused by another’s negligence but must file within the statute of limitations, which typically runs from the date of death.
What to Do If You or a Loved One Has a Fractured Skull
If you or a loved one sustains a fractured skull, immediate medical care is crucial. Follow all medical advice, attend follow-up appointments, and keep detailed records of treatments and expenses. Document the incident and consult a lawyer to understand your legal rights and potential compensation options.
- First Steps
After receiving emergency care for a skull fracture, it’s important to follow all medical instructions and attend follow-up appointments. Regular check-ups and rehabilitation are key to ensuring proper recovery and preventing complications.
- Follow medical advice and attend follow-up appointments.
- Keep records of hospital reports, prescriptions, and receipts.
- Document incident details: photos, witness information, and accident reports.
- Speaking to a Lawyer
Consulting a lawyer is vital in skull fracture cases to ensure you understand your legal rights and potential compensation. Contact our Houston wrongful death lawyer to help you navigate the claims process and meet important deadlines for filing.
- Seek legal advice to understand your rights.
- Be aware of time limits for filing a claim (statutes of limitations).
- Prepare key information: medical records, incident details, and witness statements.
Protect Your Loved Ones with CE Law
A skull fracture can be devastating, especially when it leads to death. If negligence was involved, surviving family members may have the right to file a wrongful death claim and seek compensation for funeral costs, lost support, and emotional distress. Understanding your legal rights is crucial during such a difficult time.
At CE Law Office, we provide compassionate and experienced guidance to families facing the aftermath of a fatal skull fracture. If you or a loved one is in this situation, don’t wait to take action. Contact our Houston wrongful death lawyer at CE Law today to explore your options for securing the compensation you deserve.
