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Negligent Service and VA Care

Posted by Gregory M. Rada | August 25, 2022 | Guest Blog

Most people appreciate the work that service people do, and the serious risks they take every single day to keep the country safe. A veteran, whether they are national guard, active duty, reserves, or retired, is a person that deserves respect. They are people who chose to put their lives close to or directly at the front lines so that their loved ones and community can live more freely to do what makes them happy. As a lawyer at Cohen & Cohen, P.C. would agree, those who serve truly are sacrificing for the greater good, and don’t deserve any hardship or injury that may come their way. 

Unfortunately, service members may become victims in an injury accident or wrongful death incident due to negligence while they are in service or afterwards. This can happen while participating in training, fulfilling a civilian posting, amidst active battle, and more. If someone is hurt or is killed because of the misconduct or negligence of another, the veteran or surviving family members can sue the party responsible. In cases where death was caused, there is no amount of money that can fill the emptiness of a loss of life, but at the very least, surviving loved ones can have the financial support they need during a period of immense grief. 

Wrongful death can also happen to a service veteran after their obligations have been fulfilled. Part of transitioning from service duty to being an everyday civilian is adjusting to an old way of life. Service men and women, unless adorned with hints that they currently serve or had done so in the past, can quickly blend into their community just like everyone else. And injury accidents due to negligence can happen to anyone regardless of their background. Examples of accidents that can result from negligence include car collisions, slip and falls, medical malpractice, pedestrian accidents, and more. 

As a wrongful death attorney from Cohen & Cohen has reviewed with clients before, state law allows for surviving family members to file a case against the individual or entity responsible for the death of their relative. But to successfully bring forward such a case, it must be shown that the at-fault party had a duty to the victim to watch out for their health or safety, that a mistake or harmful inaction caused the death of another, and that there are quantifiable damages and suffering experienced by surviving relatives.