What happens if the defendant in a wrongful death case does not have sufficient insurance coverage to cover the damages?

When the defendant in a wrongful death case in Virginia does not have sufficient insurance coverage to cover damages, it is generally up to the plaintiff to decide the next steps. The plaintiff may choose to pursue other sources of compensation such as benefits from the defendant’s employer-provided health insurance, life insurance, or through other assets owned or controlled by the defendant. If the defendant does not have sufficient assets or insurance coverage to compensate the plaintiff, the plaintiff may be able to seek compensation from the Virginia Wrongful Death Fund. The Virginia Wrongful Death Fund is administered by the Virginia Commission on Youth and is funded by a portion of the fines imposed upon individuals convicted of crimes and misdemeanors. In order to qualify for benefits from the fund, the death or injuries must have occurred at the hands of another and must have been caused by a criminal action as defined in the Virginia Code. Additionally, it must be determined that the deceased was the primary source of support for any surviving spouse or dependents. If all these criteria are met, the Fund may provide compensation to those dependents who are suffering financial losses from the death of the decedent. Although the availability of the Virginia Wrongful Death Fund provides an avenue for financial compensation for those suffering losses due to the death of a loved one, it is important to remember that filing a wrongful death suit is a complex process. An experienced attorney can help to ensure that the case is taken seriously and that all viable avenues of compensation are explored.

Related FAQs

Are punitive damages awarded in a wrongful death lawsuit?
What is the statute of limitations for filing a wrongful death claim?
Can a wrongful death suit be filed against a health care provider?
How long can a wrongful death lawsuit take to resolve?
What kind of evidence is used to prove a wrongful death case?
How does a wrongful death lawsuit affect the estate of the deceased?
What is wrongful death law?
What are the legal rights of the surviving family in a wrongful death case?
Are punitive damages available to the family of the deceased in a wrongful death lawsuit?
What are the legal rights of the surviving family members?

What happens if the defendant in a wrongful death case does not have sufficient insurance coverage to cover the damages?

Related FAQs

Related Blog Posts