Losing a loved one is devastating, but the blow’s much worse if you know the death was preventable. And it’s even more horrendous if it was due to the negligence or error of a medical professional.
People in medicine strive to keep your family members in good health. If they destroy this integrity, it can lead to medical malpractice and wrongful death lawsuits.
If you lost a relative due to medical malpractice, you could hold the healthcare provider accountable by suing them. Though you won’t be able to bring back the life of your loved one, you can recover damages caused by their loss and possibly find a little bit of peace.
What Is ”Wrongful Death”?
According to Virginia law, “wrongful death” is one “caused by the wrongful act, neglect, or default” of another, which would’ve allowed the deceased to pursue a personal injury case had they lived.
You can often trace the cause of wrongful death to medical malpractice, wherein a health provider fails, neglects, omits, or deviates from the standard of care, causing harm to the patient; in this case, the loss of their life.
You may be wondering, “Can you sue for malpractice in Virginia?” The answer is yes. But in cases of wrongful death, since the injured person can’t file the claim themself, someone else—typically a member of their estate—must do it on their behalf. This representative must then learn how to prove medical malpractice with the guidance of a competent attorney.
Who Can File A Wrongful Death Claim?
In some states, family members can file a wrongful death lawsuit on behalf of the deceased. In Virginia, however, the claim can only be filed by the executor or personal representative of the deceased’s estate.
There is an exemption if the deceased is a fetus, an incredibly tragic situation. In this case, the mother may file a lawsuit on behalf of their unborn child.
What Is The Statute Of Limitations For Wrongful Death Lawsuits?
The statute of limitations refers to the timeframe when you must file a claim. Beyond that time limit, the court will likely bar your case from a trial. In other words, you can’t file a lawsuit and claim damages anymore when barred.
In Virginia, the statute of limitations for wrongful death claims is two years from the date of death, meaning that you must hire an attorney, gather evidence, and file a case within this time. Consult your lawyer for the exact due date.
What Damages Can I Recover In A Wrongful Death Case?
In a successful wrongful death settlement or lawsuit, the defendant must pay damages (i.e., compensation for the loss associated with the death) to the deceased’s estate or surviving relatives.
Virginia law allows damages in a wrongful death claim to include compensation for:
- Pain, sorrow, and mental anguish caused by the loss of the deceased’s comfort, guidance, companionship, and advice
- The value of lost income, including salaries and benefits the deceased might reasonably have earned if they had lived
- Loss of the passed person’s services, protection, care, and assistance
- Medical expenses related to the deceased’s final illness or injury
- Funeral and burial expenses
The court may also award punitive damages if the medical practitioner recklessly caused the death with a “conscious disregard for the safety of others.” Instead, these don’t compensate for anything specific, but are a punishment for the defendant’s bad behavior.
Is There A Limit To The Damages That I Can Recover?
There is no cap on damages (except for punitive damages) for wrongful death claims in Virginia. However, if it is due to medical malpractice, they’re subject to a limit, regardless of whether the amount fairly compensates the actual damages suffered by the death. The cap depends on the medical malpractice year, which increases by about fifty thousand dollars annually.
Who Is Awarded Damages In A Wrongful Death Settlement?
Though the executor files the wrongful death claim, the damages go to the deceased’s statutory beneficiaries, including their family members and dependents. These distribute by order of priority:
- Surviving spouse, children, and grandchildren
- Surviving parents and siblings
- Household relatives who were dependent on the deceased
- Surviving family member entitled to the inheritance of Virginia’s laws for someone without a will
Get Legal Help Today
Wrongful death settlements caused by medical malpractice can get complicated. You must find a competent lawyer from a trusted office such as the Coastal Virginia Law Firm to help guide you through it and ensure that you take the best action to settle your claim.
