Wrongful Death Attorneys​. Lawyer Ben Roberts.

Understanding Insurance Coverages in a Wrongful Death Case

The sudden loss of a loved one due to the actions of another can be a difficult and devastating experience for family members.

Not only must they deal with the emotional trauma of their loss, but they may also face financial hardships due to expenses such as medical bills and funeral costs. In these cases, insurance coverage can be crucial in providing financial assistance to the surviving family members. However, comprehending the types of insurance coverage available and how to pursue a claim can be complicated. It is therefore essential to consult with a skilled personal injury attorney who can guide you through the legal process and help you obtain the compensation you deserve.

Here's a closer look at some of the insurance coverages that may be relevant in a wrongful death case:

  1. Liability Insurance: Liability insurance is designed to cover damages that a person or entity is legally responsible for. In wrongful death cases, liability insurance may be available if the responsible party was insured. For example, if a driver caused a fatal car accident, their liability insurance may cover damages related to the victim’s death. Liability insurance is often available through an individual’s homeowners or auto insurance policy, or through a business’s commercial general liability policy.
  2. Life Insurance: Life insurance is a type of insurance that pays out a sum of money to the beneficiary when the policyholder dies. If the victim had a life insurance policy, their beneficiaries may be able to recover some or all of the policy’s proceeds. However, it’s important to note that life insurance proceeds are typically paid to the policy’s beneficiaries and are not subject to the claims of the deceased’s creditors. This means that if the deceased had outstanding debts, the life insurance proceeds may not be available to cover those debts.
  3. Workers’ Compensation: If the victim was killed while on the job, their family members may be eligible for workers’ compensation benefits. Workers’ compensation is a type of insurance that provides benefits to employees who are injured or killed on the job. Benefits may include compensation for medical expenses, lost wages, and death benefits.
  4. Uninsured/Underinsured Motorist Coverage: If the victim was killed in a car accident caused by an uninsured or underinsured driver, their own insurance policy may provide coverage. Uninsured/underinsured motorist coverage is a type of insurance that provides benefits to the policyholder if they are involved in an accident with an uninsured or underinsured driver. This coverage may include compensation for medical expenses, lost wages, and other damages.
  5. Umbrella Insurance: Umbrella insurance is a type of insurance that provides additional liability coverage beyond what is provided by an individual’s homeowners or auto insurance policy. If the responsible party has an umbrella insurance policy, it may provide coverage for damages related to the victim’s death.

Navigating the insurance claims process in a wrongful death case can be a challenging and emotionally taxing experience.

This is why it is crucial to work with an experienced personal injury attorney who can assist you in understanding your legal rights and options. Your attorney can assist you in gathering the necessary documentation and evidence to support your claim and negotiating with insurance companies on your behalf. In some cases, it may be necessary to file a lawsuit to recover the compensation you deserve. Therefore, it is vital to work with an attorney who has the experience and knowledge to represent your interests and help you obtain the justice you deserve.