When an unexpected or tragic death occurs, families are often left with questions about what really happened. In Virginia, the medical examiner’s role is crucial in providing answers in both criminal and civil cases, especially wrongful death claims. As an experienced wrongful death law firm, Shapiro, Washburn & Sharp understands the pivotal role that Virginia’s medical examiners play in uncovering the truth behind an untimely death.

In this post, we’ll dive deeper into how medical examiners contribute to wrongful death cases, how their findings can support your claim, and how our wrongful death attorneys can help guide you through this complex process.

If you’ve lost a loved one in a preventable accident, we invite you to call our office to schedule a free consultation. At Shapiro, Washburn & Sharp, we represent the families of wrongful death victims on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case. Let us help you seek justice and hold those responsible accountable for their actions. Call us today at 833-997-1774 to learn more about your legal options.

What Does a Virginia Medical Examiner Do?

Virginia has one of the oldest medical examiner systems in the country, established in 1946. The Virginia Code grants medical examiners the authority to investigate specific types of deaths, including:

  • Sudden or unusual deaths
  • Deaths caused by trauma
  • Deaths that occur in prisons, jails, or police custody
  • The sudden death of an infant
  • Deaths occurring outside of a hospital or without a doctor’s care

The medical examiner’s task is to determine the cause and manner of death through either an autopsy or a medical examination. In cases where foul play or negligence may be involved, the findings of the medical examiner can play a critical role in both criminal investigations and civil lawsuits, such as wrongful death claims.

In wrongful death cases, the involvement of a medical examiner provides an objective, professional opinion on how and why a person died. This is essential when families believe the death occurred due to the negligence or carelessness of another party, such as in cases involving car accidents, medical malpractice, or unsafe working conditions.

How Does the Medical Examiner’s Role Impact Wrongful Death Claims?

In Virginia, wrongful death lawsuits arise when a loved one dies due to someone else’s negligence, recklessness, or intentional actions. The role of the medical examiner in such cases is to conduct a thorough investigation, often through an autopsy, to determine the precise cause of death. The findings of the medical examiner are essential in establishing whether negligence played a role in the death.

Here are some key ways a medical examiner’s involvement can influence a wrongful death case:

  • Establishing Cause of Death. The primary role of a medical examiner in a wrongful death claim is to determine the cause of death. This may include identifying whether the death was caused by trauma, a medical condition, or an external factor. A wrongful death attorney can use these findings to link the death to the negligence of the responsible party.
  • Autopsies and Medical Examinations. Medical examiners conduct either full autopsies or limited medical examinations. In cases involving negligence, the results of these examinations can be presented in court to help prove that the death resulted from unsafe conditions or actions by another party. For instance, if a workplace accident caused fatal injuries, an autopsy could show that improper safety protocols led to the death.
  • Civil and Criminal Involvement. While medical examiners are often associated with criminal cases, their role in civil cases like wrongful death lawsuits is just as important. Virginia law allows the findings of a medical examiner, including autopsy results, to be admissible in civil cases. This means that a wrongful death lawyer can use these reports as evidence in a lawsuit, helping to prove liability in a civil court.
  • Testimony in Court. Medical examiners can also serve as expert witnesses in wrongful death cases. Forensic pathologists, who specialize in determining causes of death, can testify in court about their findings. Their testimony can be crucial in supporting the claims made by a wrongful death attorney. If the medical examiner’s conclusions align with the theory presented by the plaintiff, it can greatly strengthen the case.

How Can a Wrongful Death Attorney Help with a Medical Examiner’s Findings?

While the medical examiner’s findings are crucial, interpreting and presenting that evidence in a wrongful death claim requires the expertise of an experienced wrongful death attorney. At Shapiro, Washburn & Sharp, our wrongful death lawyers know how to navigate the complexities of using medical examiner reports in civil litigation. Here’s how we help families during this difficult process:

  • Analyzing the Medical Examiner’s Report: As wrongful death lawyers with decades of legal experience, we will carefully review the medical examiner’s findings to determine how they support the claim. Whether it’s evidence of negligence in a car accident, medical malpractice, or another form of recklessness, our team will evaluate the autopsy results and medical examinations to build a compelling case for our clients.
  • Cross-Examining Expert Witnesses: If the defense challenges the medical examiner’s conclusions or introduces their own experts, we will be prepared to cross-examine these witnesses. We’ll ensure that the truth about the cause of death is clearly presented in court.
  • Presenting Evidence to Support the Claim: In addition to the medical examiner’s findings, we can gather other critical evidence, such as police reports, witness statements, and medical records. By combining this information, we can present a comprehensive case that shows how negligence directly caused the death of your loved one.
  • Collaborating with Forensic Experts: In some cases, it may be necessary to work with additional forensic experts to further clarify the cause of death. Our wrongful death law firm has access to a network of medical professionals and forensic experts who can provide valuable insights that may strengthen your case.

How Virginia Code Impacts the Use of Medical Examiner Reports in Civil Cases

In Virginia, there’s a specific section of the state code that directly impacts wrongful death claims involving medical examiners. According to this statute, all medical examinations and autopsies performed by a medical examiner are admissible as evidence in civil cases, including wrongful death lawsuits. This means that if a medical examiner conducts an autopsy and determines that the death was caused by negligence or recklessness, their findings can be used by your wrongful death lawyer to prove liability in court.

Additionally, medical examiners who are forensic pathologists can be called to testify in civil court. If the medical examiner’s conclusions support the plaintiff’s case, their testimony can be extremely valuable in proving the defendant’s negligence. This can include cases where a doctor’s error, a defective product, or a hazardous workplace caused the death.

Schedule A Free Consultation With An Experienced Wrongful Death Lawyer to Discuss Your Case

Losing a loved one unexpectedly is one of the most painful experiences a family can go through. When that death was caused by someone else’s negligence or recklessness, it’s important to seek justice. At Shapiro, Washburn & Sharp, our experienced wrongful death attorneys are here to help you navigate the legal process and hold the responsible parties accountable.

If a medical examiner was involved in investigating the death of your loved one and you believe that negligence may have been the cause, it’s important to act quickly. We have handled numerous cases involving medical examiners, and we know how to use their findings to build a strong case for our clients. Contact us today at 833-997-1774 for a free consultation to discuss your case and explore your legal options.