Legal Question in Federal Tort Claims in Alabama
Federal Tort - Current Awards Deducted?
My father was a retired military veteran and a counselor at the Veterans Administration. He experienced breathing complications due to pneumonia and was taken to the VA Regional hospital. Upon arrival the Dr. stated he did not the tools and /or space necessary to intubate him and contacted a civilan hospital to accept him. And the civilan DRs told the VA Dr to INTUBATE him, BEFORE transporting him. Because of this failure, my father died, due to lack of oxygen. The family (his wife & my siblings) proceeded with a Wrongful Death action against the VA with an attorney. The VA has been dragging their feet with responses and delaying & request for extensions, Now, after 4 years they present to us a settlement of $75,000 minus awards of monthly Annunity Due to Service Related Disability that has been received by my step-mother and the monthly allotment given to my minor step-sister and of course the attorney's fee. Leaves us with about $20K. My question is can they deduct those awards, which would have been given if death was caused by other means? Is there any reading guidelines that I can view to understand the process in detail? Money is not our motive, we want justice. So we can wait this out if necessary.
1 Answer from Attorneys
Re: Federal Tort - Current Awards Deducted?
Sir:
Your statement that you have filed a "wrongful death" action and that the VA has made a settlement offer indicates to me that you have a Federal Tort Claims suit againt the VA pending in a federal district court. In that case I suggest that for a textbook on the subject you obtain access to "Jayson on Federal Tort Claims" at a law library.
Also, the regulations governing the actions of the VA in the processing of claims can be found in the Code of Federal Regulations at a law library. There you will have to consult the index to obtain reference to the proper Title of those regulations on the subject of claims against the VA.
Your primary source of information, of course, is your own lawyer.
G.Weigle
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