This form is a sample personal injury complaint alleging improper medical treatment resulted in patient's death.
Virgin Islands Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment
State:
Multi-State
Control #:
US-PI-0293
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint For Personal Injury And Wrongful Death For Improper Medical Treatment?
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FAQ
Who Can File a Wrongful Death Claim? The deceased's spouse. The deceased's children (minor children, defined as those under the age of 25, are entitled to higher damages than adult children) The deceased's parents.
Damages in survival claims may include compensation for loss of income, medical bills, and pain and suffering between the accident and the time of death. They vary depending on the duration of the suffering after the accident, the severity of pain, and the variety of symptoms the victim suffered prior to death.
In Florida, the beneficiaries entitled to recover for their losses are: Spouses. Children. People legally dependent on the decedent.
Recoverable Damages under Florida's Wrongful Death Act The Florida Wrongful Death Act allows family members of the deceased to recover damages for their loss (Fla. Stat. § 768.21). These damages may include medical and funeral expenses and the wages or salary that would have been earned by the deceased.
The Virgin Islands Tort Claims Act (?VITCA?) waives sovereign immunity for certain claims, providing liability ?with respect to injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of an employee of the Government of the United States Virgin Islands while acting ...
Only a spouse and any children of the deceased would qualify as survivors. Siblings, fiances, partners, grandchildren, aunts and uncles ? none of them have rights to recover for the medical malpractice wrongful death of their loved one.
A survival action claim seeks to recover damages for the pain and suffering the decedent suffered from his or her injuries prior to death, but it is payable to the decedent's estate. Similar to a wrongful death claim, a survival action claim may be filed by a personal representative of the decedent's estate.