Thanks so much for this series of posts. This is exactly the kind of information that is so valuable and goes beyond all the name-calling and slogan repeating we hear so often.

Agreed it’s worth the fight. But in my experience, most families will forego the additional money to avoid reliving the nightmare. There is nothing more gut-wrenching than representing parents of fallen children in wrongful death actions. I do not seek these cases out, especially when, such as here, the parents had no chance to say goodbye. From a cold, rational view, cases such as these which are based purely on solace (and perhaps some loss of services) as opposed to those involving economic loss (such as the case of the death of a wage earner supporting a family) would traditionally bring less that the $750,000 average you cited. I would be interested in that breakdown of the figures. For what it’s worth, I think punitive damages would be unavailable against the State (the maximum is only $350,000.00 in Virginia anyway)and my best guess puts the value of these cases conservatively in the $250,000 to $350,000 range per case assuming you could get around the Virginia Tort Claims cap.

Good points all. However, I believe it is possible to get around both immunity and superseding causes. Frankly, it is worth the risk when such a low-ball offer is made in my view.

As you know, Virginia’s insistence on maintaining the archaic concept of sovereign immunity (“alive and well” as our version of The Supremes likes to say) really complicates this case. While the offers are considerably lower than expected, they are in accord with figures under the Virginia Tort Claims Act, which is only a partial waiver of the sovereign immunity doctrine. Factor in the problem of a superceding intervening cause, and the fairly crude development of our duty to protect doctrine and you have a legal morass that all but the bravest (and best financially able) may fear to cross.