QUESTION
Can a circuit court judge order a wrongful death settlement amount to be increased
Asked on Jun 21st, 2016 on Automobile Accidents - Virginia
More details to this question:
I have a wrongful death settlement that was given to the judge to sign for the death of my son in a traffic accident the judge did not sign the agreement because he said he was not comfortable with the amount, he did not feel it was enough
1 ANSWER
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A judge cannot order a settlement to be increased. A settlement is a voluntary agreement between the parties.
However, in cases such as yours where the settlement involves an infant's estate and court approval of a settlement is required, the judge may decline to approve the proposed settlement. The insurance carrier can then either increase the settlement offer or permit the case to go forward into litigation, in which case a jury would decide what to award.
Answered on Jun 28th, 2016 at 12:02 PM