The law also provides that loved ones whose family members incur a fatal TBI can seek damage compensation. A wrongful death suit is essentially a personal injury case where the injury resulted in death. In these cases, family members can receive compensation for losses to themselves and the deceased’s estate, including: Funeral and burial costs Wages and related compensation the deceased expected had they lived Benefits that the deceased expected had they lived Loss of the deceased person’s companionship Grief Pain and suffering Emotional distress In Colorado, the right to bring a wrongful death suit in the first year after death resides with the spouse. After that, the spouse and surviving children may file a wrongful death claim. If there is no surviving spouse, surviving parents can file the claim after the first year, as can eligible designated beneficiaries. Folks filing a wrongful death claim can approach an insurance company or file a suit in civil court.