How is a wrongful death settlement determined?

In Virginia, wrongful death settlement amounts are determined through the legal process. A wrongful death settlement is a monetary award that is paid to a deceased person’s survivors as compensation for their loss. It is most often paid by the person or business responsible for the death and is determined by an evaluation of the life that was lost. This evaluation includes looking at the deceased’s income, lost earning potential, the survivors’ loss of guidance, comfort and companionship, the survivors’ medical and funeral expenses, and any other harms or losses suffered due to the wrongful death. The amount of a wrongful death settlement is determined by the court, according to the damages that are requested by the survivors, and the evidence presented to the court. In order for the court to make a fair and just assessment, the survivors must provide evidence of the deceased’s life and their relationship with the deceased. This evidence can consist of photographs, letters, journals, and even testimonies from the deceased’s family, friends and co-workers. The court will then evaluate these materials and the evidence presented to arrive at a settlement amount. The amount of the settlement will vary depending on the specific facts of the case.

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