Malvern, PA asked in Car Accidents, Employment Law, Personal Injury and Wrongful Death for Virginia

Q: Does the potential for a wrongful death suit exist?

A relation of mine worked as a garbage man. He was called in on his day off. He was run over by the garbage truck. His internal organs, pelvis, and head were all shattered. He survived. Days after being released from the hospital he died in his sleep. Can his immediate family file suit for wrongful death, or some other liability claim, against the employer or hospital?

1 Lawyer Answer
Jan F Hoen
Jan F Hoen
  • Personal Injury Lawyer
  • Hampton, VA
  • Licensed in Virginia

A: More facts are needed about the circumstances of the accident but, in general, the employer has immunity from liability for a work injury. Given the severity of his injuries, unless it can be proven by a medical expert that the death resulted from negligent treatment and he otherwise would have made a recovery, an action against the hospital will be difficult.

Dependents are entitled to a death benefit from workers' compensation. An attorney would have to let an expert review the medical records to determine whether there is potential to pursue a claim against the medical providers.

I am sorry for the grief your family must be going through.

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