By Mollie Halpern
Investigative Reporter
Published: March 26, 2008

The proposed settlement between the state and the Virginia Tech shooting victims’ families, raises questions about the money each family could receive.

It’s been previously reported that each family could receive only $100,000, under a state cap.  But WSLS did some digging, and uncovered new information about the options the families have, that could give them millions.

According to Virginia law, there is a $100,000 cap or the applicable insurance, whichever is greater, on civil lawsuits against the state.  All of the families who had a loved one killed would receive $100,000.  All of those hurt are eligible to receive up to $100,000.

But, attorneys representing the victims of the Virginia Tech tragedy say the victims could receive up to $2 million from the state, if they can prove gross negligence on the state’s part.

The lawyers tell us they have not yet seen the state’s insurance policy, but they believe they can prove gross negligence.

Also, the lawyers say $1.75 million is available from the state for distribution among the victims, for counseling and medical costs.

Under the proposed settlement, the families would give up their rights to sue the Commonwealth.  But, the attorneys say the families could sue the Blacksburg Police department, Montgomery County, Cho’s doctors, and even the federal government.

The attorneys tell us they may pursue those other lawsuits, but for now they’re focusing on whether or not they’ll sue the state.

The state gave the families until March 30th to decide whether they’ll accept the settlement, or pursue a lawsuit.  The attorneys for the victims want an extension.

The victims’ attorneys also tell us that their clients should receive at least $1 million each, and the state cap should be raised to at least $500,000.