Can a wrongful death claim be filed if the deceased had a pre-existing condition?

Yes, it is possible for a wrongful death claim to be filed in Virginia if the deceased had a pre-existing condition. Under Virginia law, if someone’s death is caused by someone else’s negligent acts or omissions, then that person’s estate can bring a wrongful death claim against the person responsible. While it does not matter whether the deceased had a pre-existing condition, the estate must still prove the other person’s negligence caused or substantially contributed to the death. For example, if the deceased had a pre-existing heart condition and then fell ill due to someone else’s failure to properly diagnose or treat the condition, then that would be considered a wrongful death and the estate could bring a wrongful death claim against the responsible party. Likewise, if the deceased had a pre-existing condition and then was killed in an automobile accident due to the negligence of another, then the estate could also bring a claim for wrongful death. The amount of damages that can be recovered in a wrongful death claim in Virginia depends upon the facts of the case, the deceased’s age, the deceased’s health prior to death, and the amount of loss suffered by the estate. If the deceased is found to have been 75% or more at fault in causing the death, then there can be no recovery for the estate.

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Can a wrongful death claim be filed if the deceased had a pre-existing condition?

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