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.

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

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