Virginia Wrongful Death Legal Questions

Ms. Dodson when your father was killed at work there would be two possible claims. One claim would be for workers' compensation. This would be 500 weeks of compensation. The other possible claim would be a personal injury claim for wrongful death. This type of claim would depend upon the circumstances of your father's death. You can contact me for additional details. I am afraid if your father's death was solely due to the negligence of the employer or the employees of the employer then a personal injury claim may be barred by the fact the company has workers' compensation insurance. I provide more information at www.virginiadisabilitylawyer.com. ... Read Answer

In a wrongful death case, the court must determine the correct list of family entitled to get the proceeds. If you have a lawyer, you should consult them. If there is no lawyer handling the case for the personal representative of the estate, then you should talk to a lawyer experienced in wrongful death about the case. Any motion must be aswered or there is a risk the court may be mislead about who the beneficiaries are. This sounds like a case worth seeking counsel for. It is hard for me to tell you more without knowing all the facts.... Read Answer

Yes, there may be a case depending on the facts. Some doctors in jails are private providers under contract and can be sued for medical malpractice if applicable. Other times if the wrong-doers are government employees , it is harder to pursue the case. I am licensed in both VA and NC, though you would need a VA lawyer to sue for wrongful death in VA.You should call someone soon if you want to look into it further.... Read Answer

First of all, I am sorry for your loss.  I would need a LOT more information before being able to determine whether you have a potential claim.  How did he die?  Was it intentional or caused by someone's negligence.  Even if it were merely an act of god, it's possible that it may be covered under the home owner's insurance.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

If a lawsuit was filed within the original Statute of Limitations and then was nonsuited for any reason, it can be refiled again within six months of the date of the nonsuit.  It is not technically reopening the case, but starting a whole new case.  After that time, the claim would be expired. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

Its hard to answer the question based on the amount of information provided.  If your son was working at the time you may have a worker's compensation claim.  Howerver, if he was not an actual employee of the contractor, then you may have a wrongful death claim.  To pursue a wrongful death claim you would have to prove that the contractor was negligent and that your son was not.   I would be more than happy to discuss this with you in more detail.  Please do not hestiate to give me a call. ... Read Answer

You would definitely have a claim against the people who killed your son.  There is no question about that.  However, it is unlikely that an attorney would take such a case on a contingency basis, if the individuals do no have any assets.  This means that you would have pay a lawyer by the hour and then hope that you would collect money at the end, which is highly speculative.  Please note that there is generally a two-year limitation period in Virginia for personal injury type claims, which means you would only have until 4/11/13 to file suit, based on the date of the incident that you listed.  After that date, you would be forever barred from pursuing this legal claim, unless there is another cause of action that may have a longer time period, but nothing occurs to me right now.  You may want to seek a second opinion. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

The dosage of the drugs does not stand out as something that is suspicious, although that does not mean you do not have a medical malpractice case. How do you know that was the actual dosage received? Was the decedent on any other medication that would have exposed him further?  Given the outcome, at the very least, you should contact a local medical malpractice attorney (one in your state), so that the pertinent records can be reviewed.  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. ... Read Answer