What’s the Average Settlement for a Wrongful Death in Virginia?

The settlement for a wrongful death case in Virginia depends on the unique details of the accident. Various factors determine the amount, including the victim’s medical expenses before death, the family’s loss of financial support, and any punitive damages. Since every wrongful death claim is different, there is no average settlement.

An experienced wrongful death lawyer in Virginia understands the nuances of these types of cases and the importance of compassionate support after a tragic loss. Your attorney will guide you through the claim process or lawsuit and maximize your settlement.

A Brief Overview of the Wrongful Death Settlement Process

After the tragic loss of a loved one due to an accident, consult a local wrongful death attorney. What you do after your loved one is involved in a fatal accident will impact the value of your case. A Virginia personal injury lawyer will compassionately guide you through the next steps.

When a loved one dies due to the negligence or recklessness of another party, surviving family members may receive compensation. This legal process aims to seek justice and recover financial compensation to help cover expenses resulting from the untimely death.

According to the Code of Virginia § 8.01-53, only the personal representative of the victim‘s estate can file a wrongful death claim. The representative, usually with the guidance of an experienced wrongful death attorney, will gather evidence and witness statements to build a strong case.

Factors that Influence Wrongful Death Settlements

How much you can recover after losing a loved one in a deadly accident is determined by different factors. As a surviving family member, you may have to pay expensive medical bills to treat your loved one’s severe injuries, cover funeral expenses, and compensate for further expenses.

The Severity of the Victim’s Injuries Before Death

When it comes to wrongful death settlements, the severity of the victim’s injuries leading up to their passing significantly influences the final settlement amount. Generally speaking, the more severe the injuries, the more expensive the medical bills, which should lead to a higher settlement amount.

Medical records, expert witness testimony, and other evidence detailing the victim’s condition and treatment can show to the insurance providers or the court the full extent of the decedent’s injuries.

Your Loss of Financial Support

When a loved one who was the main earner in the family dies due to someone else’s negligence, the family not only suffers emotional grief but also faces financial hardship. The wrongful death settlement aims to compensate for this loss by considering the deceased’s earnings, potential future income, and financial contributions to the household.

This helps ensure that you can cover living expenses, education costs, and other financial needs that the deceased would have supported. Your wrongful death attorney will consider the long-term losses for each surviving family member.

Punitive Damages

Punitive damages punish the at–fault party for their actions and discourage others from behaving similarly. Generally, you have to prove that the defendant showed an unlawful disregard for the victim’s rights. A drunk driving accident lawyer in Virginia can determine if your case qualifies for punitive damages.

While not all wrongful death cases qualify, fatal accidents caused by a drunk driver generally do. If the motorist had a blood-alcohol content (BAC) of 0.15%, their actions show a disregard for the safety of others.

Virginia limits the punitive damages to $350,000. However, this would be in addition to recovering other wrongful death damages, such as lost wages and even pain and suffering. If punitive damages apply to your case, your attorney can use this to get you a higher settlement.

Negotiating With Insurance Companies for Fair Settlement

Insurance companies don’t generally hand out big payouts; their goal is to make a profit. When you submit a wrongful death claim, you are facing a system designed to deny or devalue every claim. Adjusters will apply many different tactics to pay you less than you deserve, including shifting blame onto the victim.

Claim adjusters understand that you are vulnerable after the tragic death of a loved one, and they will use this to their advantage. Work with an experienced wrongful death lawyer in Virginia to protect your rights. Your attorney will negotiate with adjusters for the highest possible settlement. If they refuse to be reasonable, the battle can continue in court.

The Right Virginia Lawyer to Maximize Your Wrongful Death Settlement

With over 15 years of experience as a licensed lawyer, I, Ed Atkinson, have secured high settlements for many clients. When you contact my law firm, we can start talking about how the untimely death of your loved one impacted your family.

As an experienced wrongful death lawyer, I want to empower surviving family members to fight for justice. I will build a strong case against the responsible party. My track record of successful case results proves that I know how to build a winning claim. We can protect the memory of your deceased loved one together.