Wrongful Death Due to Medical Malpractice
Losing a loved one due to medical malpractice is devastating. When that loss occurs at a military or VA medical facility due to preventable negligence, families deserve answers, accountability, and compensation for their immeasurable loss. The wrongful death attorneys at Archuleta Law Firm provide compassionate representation while fighting aggressively for justice.
Common Causes of Wrongful Death at VA and Military Facilities
- Surgical errors resulting in death
- Misdiagnosis of life-threatening conditions (cancer, heart disease, stroke)
- Medication errors or dangerous drug interactions
- Failure to treat or delayed treatment of critical conditions
- Post-operative complications ignored or mismanaged
- Anesthesia errors
- Emergency room negligence
- Hospital-acquired infections
- Failure to monitor vital signs
Who Can File a Wrongful Death Claim?
Under the Federal Tort Claims Act, the following family members may be able to file a wrongful death claim:
- Surviving spouse
- Children (biological and adopted)
- Parents (if the deceased had no spouse or children)
- Personal representative of the estate
Each state has specific wrongful death statutes that determine who can file and what damages can be recovered.
Damages in Wrongful Death Cases
While no amount of money can replace a loved one, wrongful death claims can recover:
Economic Damages:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income and future earnings
- Loss of benefits (pension, health insurance)
- Value of household services lost
Non-Economic Damages:
- Loss of companionship and consortium
- Loss of guidance and counsel
- Pain and suffering of surviving family
- Loss of inheritance
Why Wrongful Death Cases Require Experienced FTCA Attorneys
Wrongful death claims against the VA or military are governed by the Federal Tort Claims Act, which has:
- Strict 2-year filing deadlines
- Complex administrative procedures
- Unique legal standards
- No right to jury trial (decided by federal judge)
- No punitive damages available
The Archuleta Law Firm has achieved some of the largest wrongful death judgments and settlements in FTCA history, demonstrating our commitment and capability in these devastating cases.
The Legal Process
- Free Consultation: We review your case and medical records at no cost
- Investigation: We gather evidence, medical records, and expert opinions
- Administrative Claim: File Standard Form 95 with the appropriate federal agency
- Negotiation: Work with federal attorneys to reach fair settlement
- Litigation: If necessary, file federal lawsuit within 6 months of claim denial
Time is Critical
The 2-year statute of limitations for wrongful death claims begins from the date of death. However, gathering evidence, obtaining records, and building a strong case takes time. Contact us immediately to preserve your rights and evidence.
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Frequently Asked Questions
How long do I have to file a wrongful death claim against the VA?
You must file an administrative claim within 2 years of your loved one's death. Missing this deadline will permanently bar your claim.
What if the VA denies my wrongful death claim?
You have 6 months from the denial to file a lawsuit in federal court. Our attorneys have extensive experience in federal litigation.
How is compensation divided among family members?
Distribution depends on state wrongful death statutes and the relationship of survivors to the deceased. We help families navigate these complex distribution rules.
Do you handle wrongful death cases nationwide?
Yes. We represent families throughout all 50 states and internationally. Our practice focuses exclusively on FTCA claims, including wrongful death at VA and military facilities.