By Harriet Ryan Court TV
SAN DIEGO Danielle van Dam's parents have settled a wrongful death suit against their daughter's killer, David Westerfield.
Under terms of the settlement reached this month, Westerfield's automotive and homeowners' insurance carriers paid Brenda and Damon van Dam and their young sons an undisclosed amount, which the family's attorney said was "in the ballpark" of $400,000 to $1 million.
The family also retained its right to sue Westerfield if he tries to profit from his crime by writing a book.
"Nothing can ever bring Danielle back. Nothing can change what happened to my family, but this will help Dylan and Derek's future," said Brenda van Dam of her sons, aged 10 and 6.
 | | Brenda van Dam speaks to Court TV Wednesday. |
The boys accompanied their parents to court Wednesday morning for a closed-door hearing to finalize the settlement.
Westerfield, sentenced to death for kidnapping and killing his 7-year-old neighbor, Danielle, last February, did not consent to the settlement and will not pay the family any money. The design engineer who once earned $170,000 a year liquidated his assets to pay for his defense.
According to van Dam family attorney Spencer Busby, who led a team of lawyers working pro bono, Westerfield's only property of value is the Rolex watch he was wearing when arrested and "perhaps some future San Quentin license plate manufacturing revenue."
 | | Spencer Busby, lawyer for the van Dams, speaks to Court TV Wednesday. |
At the van Dams' prodding, a judge last month refused to return the watch to Westerfield's family and said it would remain instead in police custody.
Busby said the van Dams agreed to a quick settlement to avoid a lengthy civil trial that would only result in a large jury award that Westerfield would never be able to pay.
Brenda van Dam said she and her husband are in the process of arranging a trip to San Quentin to tour death row "to see what the living conditions are like" and may attempt to speak with Westerfield.
The van Dams have a right to be present when their lawyers attempt to depose Westerfield, but his appellate lawyers have already sent letters to the prison and the family attorney saying Westerfield will not speak to them.
Given the opportunity, Brenda van Dam said, she would ask Westerfield on what day he killed her daughter.
"I think I deserve to know that," she said.
 | | Danielle van Dam |
Danielle was kidnapped from her bedroom last February. Her body was discovered three weeks later. Westerfield has insisted on his innocence in prison letters to friends, but earlier this month, the former San Diego prosecutor, Paul Pfingst, confirmed reports that Westerfield told police he would reveal the location of Danielle's body if prosecutors did not seek the death penalty.
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