Virginia Heart Attack Lawyer
More than auto accidents, trips and falls, and even cancer, heart disease is the primary cause of death in the United States. Fortunately, various advancements in medical science and technology over the past several decades have given doctors more options for treating heart attacks quickly and effectively, with the automated external defibrillator (AED) being arguably one of the most crucial tools.
However, an AED is only useful if it is in the right place and in good working order when it is needed, something which not every AED owner is diligent about doing. If you or a family member were harmed recently because of a missing or broken AED, a Virginia heart attack lawyer can help you explore and potentially start enforcing your right to civil recovery. Reach out to Price Benowitz today to discuss your case with a seasoned personal injury attorney.
Establishing Liability for a Heart Attack Injury
With relatively few exceptions, it is not possible to sue someone for injuries stemming from improper or unsuccessful use of an AED to treat cardiac arrest, thanks to the Good Samaritan Law codified in Virginia Code § 8.01-225. Likewise, neither the owner of a facility with an AED in it nor any of their employees may be held liable for injuries stemming from the device’s misuse on their property, so long as the AED is in good working order when it is used.
However, if an AED owner neglected to ensure their AED was regularly maintained and tested, did not have an AED on their property despite being required by Virginia law to have one, or otherwise exhibited extreme negligence or willful misconduct in using or maintaining an AED, there may be grounds for legal action. A Virginia cardiac arrest attorney can answer questions and offer information about possible legal options during a free initial case evaluation.
What Damages Could Be Available in a Heart Attack Claim?
If someone suffers serious but non-fatal physical harm because of a non-functioning or missing AED when legally one should have been available, they can seek restitution through an ensuing lawsuit or settlement demand. This can include both short- and long-term losses, including but not limited to:
- Medical expenses
- Lost working and earning capacity
- Disability-related costs for things including wheelchairs, home modifications, and in-home care
- Physical pain and discomfort
- Psychological trauma and distress
- Lost enjoyment of life
If someone suffers fatal harm under circumstances like this, a compassionate heart attack lawyer in Virginia can help surviving family members pursue compensation through a wrongful death claim. This can include losses stemming from their loved one’s death, such as lost financial support, lost love and companionship, and emotional anguish.
Contact a Virginia Cardiac Arrest Attorney for Legal Assistance
Heart attacks can affect people of all ages and in all kinds of physical conditions, and they very often have devastating consequences if they are not quickly treated by qualified medical professionals. In the immediate aftermath of a cardiac arrest, though, quick use of a defibrillator can buy precious time for emergency medical personnel to arrive and take more significant action.
Anyone who is legally required to maintain an AED in good condition but fails to do so may be civilly liable for any harm they cause through their misconduct. If you have been injured from a missing or broken AED, call Price Benowitz today to learn how a Virginia heart attack lawyer can help you file suit.
