Does Insurance Cover Wrongful Death?

When a person dies as a result of another person’s negligence or a company’s failure, it is possible that wrongful death claims may be made. Often, when someone is sued for wrongful death, it is their liability insurance that covers the loss. Here is what you need to know about whether insurance will cover wrongful death settlements from the Los Angeles wrongful death lawyer at Venerable Injury Law.

Who Pays the Wrongful Death Settlement

When a wrongful death settlement occurs, it is paid out by the party listed as at fault and ultimately responsible for the losses incurred. Typically, at least a portion of that will come from an insurance company if the responsible party has insurance in place to protect from such losses. Since wrongful death can occur in a wide range of scenarios, it helps to have a good understanding of what could happen in your case (and the best way to do that is to set up a consultation with our legal team).

The circumstances in the wrongful death case will ultimately determine who pays for the losses a person has. Most of the time, insurance companies will pay a portion of these losses up to the maximum amount of coverage on the policy. There are times when this may not be enough to meet the total amount awarded under the law, though.

For example, if a person dies in a car accident and another driver is found responsible, that driver’s liability insurance will pay out up to the amount of coverage purchased. That may only be $50,000, but the court may award a much higher value. In that case, the driver’s other assets may be used, depending on the situation, to cover additional losses.

The Liable Party May Need to Pay Above the Insurance Policy

Insurance policies cover wrongful death claims and settlements, but most will have some limits on how much they pay out. As a result, the person liable for the losses may still have to pay for the losses they have been responsible for. As noted, this can be a substantial amount, depending on the situation.

Another factor to consider is when there is no insurance policy in place, which can happen if someone does not have adequate liability insurance in place at all. In this situation, the person’s assets may be used to cover the losses you have, but it is much harder to collect those damages. It takes lawsuits and hard work from your attorney to ensure that the party at fault pays what they are owed.

If your family member died as a result of the actions of another, we do not want to discourage you from filing for compensation and going after the parties responsible. However, with this challenge comes the need for a highly skilled attorney who can provide you with the reassurance and support necessary to navigate these more challenging situations. Our legal team at Venerable Injury Law has that experience and will work to protect your rights.

What Type of Compensation May You Be Owed in a Wrongful Death Claim?

When a wrongful death occurs, the party that is responsible must pay any losses that the individual suffered as a result of the incident. This initially means covering the person’s final medical costs, funeral costs, and any other economic losses they suffered as a result of the injury. This is paid to the estate and managed by the estate’s personal representative.

In addition to this, it may be possible for the immediate family to seek additional compensation to cover their losses. If your family member was contributing to the household you were living in and now their income is no longer available, that will impact your well-being. As a result of this, you may be able to file for those losses.

Of course, the other losses you have in cases like this can be much higher, such as the loss of companionship and the inability of your family members to contribute to your life and well-being. These are very real losses and should be compensated in a wrongful death claim. Let our attorneys help you to determine if you are owed compensation in these areas.

Can You File a Lawsuit for Wrongful Death in California?

One of the steps we take as your wrongful death attorney is to help you maximize the compensation that is available to you, but not just anyone can file a wrongful death claim. Rather, you must be considered the surviving family member. Under California wrongful death and intestacy statutes, that means that it could be the spouse or the child, the parents, siblings, or descendants, in that order.

Are you unsure if you qualify for filing a wrongful death claim in California? Let our attorneys offer guidance. We will work with you to better understand who is to blame and who is eligible to file a claim like this. Typically, our legal team can show that when wrongful death occurs, you are owed compensation if and when you are facing financial loss (as long as you meet the state’s requirements).

Also note that the estate can also file a claim, which means that the estate of the decedent can see compensation for the losses the person suffered right before their death. This often includes final medical bills, for example, that were appropriate to try to protect their life, such as surgeries or other care they needed. In addition, it may also include costs related to funeral and burial costs.

Schedule a Consultation with a Wrongful Death Attorney in California to Learn More

At Venerable Injury Law, we fight hard to protect our clients in every situation, with the goal of providing you with the ability to get compensation for what has happened to your family member. When possible, we pursue the maximum compensation allowable under liability insurance for wrongful death settlements, but even when that is not enough, there are often legal options to pursue additional losses. Start with a free consultation with our California wrongful death attorneys at Venerable Injury Law to learn more about your options.