Is Wrongful Death Covered by Your Insurance Provider?

Wrongful death is one of the worst experiences that any family can go through. Any death of a family member is a tragedy and wrongful deaths are more tragic because they’re defined as deaths that could have been avoided.

They could have been prevented because the causes of wrongful death often have to do with negligence, purposeful acts, or misconduct that directly caused the death of a person.

What is Wrongful Death Claims?

Typical claims include reckless driving, medical malpractice, faulty products, and workplace accidents, among others. Any time you can prove that a person’s actions caused the death of someone, that is a wrongful death claim. 

The claim is brought about so people can receive compensation for the damages caused. There are several types of compensations available and it may differ from state to state. Generally, compensation is claimed for:

• Hospitalization and medical care: If the victim received medical treatment for injuries before their death.

• Lost wages and income: Compensation for the income that has ceased after death.

• Loss of future earnings: A calculation is made of how much the victim would have earned had they lived.

• Loss of medical benefits: Existing medical benefits, as well as a pension plan, may be compensated for.

• Property damage: An example is the damage done to a car if the person was a victim of a road accident.

• Loss of companionship, guidance: In case of the loss of a partner and the guidance that they provided for the family.

• Pain and suffering: If it was not an immediate death and the person suffered beforehand from injuries, this is also compensated.

• Funeral expenses: The family can also receive sufficient funeral expenses.

The calculation of all this is a difficult process. If a wrongful death case goes to trial, an attorney not only has to prove the wrongful death itself but also shows that the compensation being demanded is reasonable and adequate. People who bring about wrongful death claims are usually the spouse of the victim, their adult children, or their parents. If none of these exist, the next closest relative may do so. 

It’s important to note that wrongful death claims are not punitive punishments. This means it is not about punishing the person for their wrongdoing, but about compensating the families of victims in the form of monetary damages. 

The Role of an Insurance Provider

Any insurance policy is a contract. When you hold up your end of the deal by paying premiums on time, the insurance company has to hold up theirs and pay out the compensation money in the case of wrongful death. Many insurance policies will include wrongful death in their contract. 

The question that often pops up is if wrongful death is covered by your insurance provider. The short answer is yes. Most insurance covers wrongful death and companies have it written in liability clauses in home and car insurance policies, or product liability, for instance. A wrongful death lawyer can only help you when it is clear to them what is the wording of your insurance policy and if it covers wrongful death.  Most likely, companies have insurance that protects them from these kinds of suits that might be brought against them.  

Insurance providers may have the right to deny claims. This could happen if the policyholder isn’t paying their monthly premiums or if the claim isn’t covered by the policy. That is why it would be better to at least consult with a professional wrongful death lawyer to have better knowledge about your case and find out if your insurance policy covers wrongful death.

Car Insurance

Vehicle accidents can have several forms of negligent behavior. It could be drunk driving, speeding, distracted driving, or driving a defective vehicle. In the case of a defective vehicle or a self-driving car, it is the manufacturers who can be liable, not the driver. A faulty vehicle can have defective brakes, flawed steering, or defective life-saving airbags. 

In a fatal accident, the family of a victim can bring a case against the other driver of the vehicle and also sue their insurance providers.

Home Insurance

A home insurance policy may cover several types of accidents that could result in death. These accidents fall under the clause of premise liability. To win a premise liability case, a wrongful death lawyer must prove that the owner of the home was negligent in some way, causing the death of someone. However, the lawyer must collect other information. For instance, a recent renovation done improperly might have caused a death; this would make the renovation company possibly liable.  

Wrongful death is not easy to prove and involves a lot of research and tedious work to be completed by a competent lawyer. A well-versed lawyer will tell you what sort of compensation you can ask for and will guide you throughout the entire legal process.