Are wrongful death cases resolved through mediation or arbitration?

No, wrongful death cases in Virginia are not resolved through mediation or arbitration. Instead, wrongful death cases are typically brought to civil court where parties attempt to reach a settlement or proceed to trial. Wrongful death is a cause of action that is filed by the personal representative of the deceased person’s estate on behalf of the beneficiaries of the estate. The suit is sought when the person’s death was caused by a negligent or intentional act of another person or entity. The suit seeks to recover damages for any losses suffered by the family due to the death. In Virginia, wrongful death cases are tried in civil court and are heard before a judge and jury. The jury is the body that will decide whether the defendant is found liable and what damages, if any, should be awarded. The judge will act as a neutral third party by following the law and ensuring a fair trial. If the suit goes to trial, the parties are not obligated to accept any offer of settlement. If either party wishes to settle they can agree to the terms outside of court. Generally, it is best for both sides to consult with their legal counsel before proceeding with any agreement. Wrongful death cases can be highly emotional and complex. It is important that you work with an experienced attorney to ensure your rights are properly protected. An attorney can help you understand the legal process and ensure your case is properly presented in court.

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Are wrongful death cases resolved through mediation or arbitration?

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