Is a wrongful death claim the same as a wrongful death suit?

No, a wrongful death claim is not the same as a wrongful death suit. In Virginia, a wrongful death claim is a legal action brought by a grieving family member, such as a surviving spouse, children, parent, or other close relative. The claim is usually brought against the responsible party for their wrongful act or negligence that caused the death of the decedent. The claim can often seek payment for the wrongful death of the decedent, such as reimbursement for medical and funeral expenses, loss of financial support, and/or future earnings. A wrongful death suit, on the other hand, is a lawsuit that is filed with the court by the plaintiff. The suit is intended to prove the legal wrongfulness of the death and seek compensation from the defendant who is deemed responsible for the wrongful death of the decedent. The difference between a wrongful death claim and a wrongful death suit is that in a suit the court ultimately decides the outcome. This means that a wrongful death claim is not a guarantee of financial compensation for the family. A wrongful death suit must be filed with the court and argued to a jury in order to be successful.

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