What is the difference between a wrongful death claim and a wrongful death lawsuit?

Wrongful death claims and wrongful death lawsuits are two different types of legal procedures in Virginia. A wrongful death claim is a request for monetary compensation from a person or institution that is legally responsible for causing a death. A wrongful death lawsuit is an actual lawsuit brought about by an individual or group of people against someone who is legally responsible for causing a death. In Virginia, the main difference between a wrongful death claim and a wrongful death lawsuit is that a wrongful death claim is a request for monetary damages and is resolved without having to go to court. It is typically handled outside of the court system and is usually filed with the insurance company of the person or institution that is responsible for the death, or with the deceased’s estate. A wrongful death lawsuit is a much more complicated legal process, where a case is presented in court and a jury has to determine if the person or institution responsible for causing the death is guilty of negligence. Wrongful death claims and lawsuits seek to bring justice to the survivors of the deceased and, in some cases, obtain compensation for the pain and suffering the death has caused. In either case, the person or institution responsible for the death must be found legally responsible. If successful, the survivors can receive damages, including reimbursement for medical expenses, funeral costs, lost wages, and more.

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