Principal Attorney James Parrish of Parrish Law Firm, PLLC in Fairfax, Fauquier, and Prince William Counties VA discusses whether as a loved one who is killed in an accident, if you can simply settle the wrongful death claim with the insurance company of the person who caused the accident.
Hello everyone this is Jim Parrish. I'm a Virginia Wrongful Death Attorney. The question that I'm often asked is "as a loved one of someone who is killed in an accident, can I simply settle that claim with the insurance company for the person who caused the accident?" The answer is yes and no. Of course you can reach into settlement with the insurance company for the person who caused the accident and caused the death of your loved one. However in Virginia, every wrongful death claim, must be court approved by a a certain court judge. This means that the person who is representing the estate must qualify under a appropriate Virginia statue in order to bring this type of claim before a court. If this is not done within the applicable statute of limitations, then the wrongful death will be forever lost. That's true even if you've reached an agreement with the insurance company. Anytime there is a wrongful death claim, you should consult with an experienced Virginia attorney to assist with the handling of that claim, because there are many tricks, traps, and potential pitfalls that could cause that claim to go south. I hope that information is helpful. Thank you.
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