Most insurance policies have some type of coverage for wrongful deaths. However, insurance companies are for-profit businesses. Most insurance companies will try to keep their money and pay the smallest amount possible to the victim’s family.
Sadly, wrongful deaths can occur in all types of situations, from workplace injuries to car accidents. And sometimes, the most difficult part is putting a price on a loved one’s life. An experienced Texas attorney can help you push the insurance companies and to demand the right compensation for your wrongful death claim.
Does Your Car Insurance Cover a Wrongful Death?
In most cases, they do. But, most insurance companies will try to pay as little as possible. You also need to remember that many drivers do not have auto insurance. Many others have minimum liability coverage, meaning their policies won’t cover your damages.
There are many things you can still do if you find yourself in a case like this. However, many of them will be complicated to follow without the right legal representation. Our attorneys can help you present the claim to your deceased family insurer or to find another responsible party whose insurance can cover your loss.
Does Home Insurance Cover Wrongful Death?
Some home insurance policies have clauses that protect them from accidents, injuries, and also from lawsuits. If a wrongful death happens inside someone else’s home, it is possible to make the home insurance company accountable.
Every insurance policy is different. A lawyer with experience in Texas can evaluate the home insurance policy and use it in favor of your claim.
How Much Compensation Can You Get From Insurance in a Wrongful Death Claim?
Your attorney will consider all the details about your accident to determine an appropriate amount. As you may imagine, it is impossible to just throw a number for everyone since every case and every family’s needs are different.
However, some of the expenses a compensatory claim can cover are:
- The pain and suffering
- The lost wages your family member would have earn
- Medical expenses (if your loved one went through any medical procedure)
- Funeral and burial costs
- Loss of future inheritance
Wrongful death claims can get compensatory awards for thousands or even millions of dollars. The thing is, insurance companies will try every trick possible to make victims settle for less than they deserve. An attorney can help you fight for the highest compensation possible.
Do You Need an Attorney for a Wrongful Death Case?
The wisest thing to do is to speak with a lawyer before even talking to any insurance company. A Texas litigation attorney with experience in wrongful death cases can help you dodge the low offers insurance will initially make and help you evaluate the true financial impact of your loss.
But that is not the only reason you may need a lawyer when filing a wrongful death claim. The legal process in Texas tends to be complicated for people who are not familiar with it. Also, remember that having to do a lot of paperwork is not easy–and can be even worse if you have to do it while grieving a loved one’s loss.
Many insurance companies will try to take advantage of the emotional pit people fall into after an accident. Many of them will make offers that sound okay at the time but that fall short in light of the expenses that come from losing your loved one. And when that loved one who passed away was also the main provider for the family, compensatory awards can go up to millions of dollars.
How to Prove Wrongful Death Against Insurance Companies
Insurance companies do not just pay every wrongful death claim they get. If they can, they will completely deny compensatory damages to the victim’s family, no matter how hard they need the resources.
That is the part where having legal representation is key. Your attorney will not only represent you in court, if necessary. They will also build a case to support your wrongful death claim and protect you from the insurance companies’ abusive practices.
Some of the things your attorney will do for your wrongful death claim are:
- Interview eyewitnesses to the incident
- Identify key witnesses who understand the situation and can testify on your behalf
- Check the evidence to find proof of negligent behavior
- Review police reports
Can You Demand Wrongful Death if My Relative Was at Fault?
According to the Texas Civil Practice And Remedies Code, Texas is a modified comparative negligence state. That means if your relative was partly responsible for the incident that ended their life, your compensatory award would be reduced accordingly.
For instance, let’s say your family member was 10% responsible for the incident. In that case, your compensation can be reduced by 10%. However, if they were found to be more than 50% at fault, your compensation can get reduced to $0.
You need to talk to your lawyer about your legal options if you think your loved one was partly at fault.
What if the Insurance Company does Not Want to Pay?
While most wrongful death claims settle before even getting to court, there will be cases when insurance companies deny any compensation. An experienced Texas attorney will not only help you negotiate but also represent you in court.
Insurance companies are well known for taking advantage whenever they can. For instance, some companies can delay paying claims to help themselves.
Your lawyer will try to get the best settlement possible for you on the negotiating table. But they will also be ready to present your case to a jury and argue back against the insurance companies’ allegations.
There are pros and cons to getting to the courtrooms. Talk to your lawyer about the best course of action for you.
A Loved One Was a Wrongful Death Victim – What Now?
If a member of your family lost their life due to someone else’s negligence, you are entitled to demand compensation in Texas. According to our Wrongful death attorneys, these are the steps you should follow:
- Most important of all: Find a lawyer as soon as possible
- Do NOT talk to any insurance company (not even yours) without your lawyer present
- Keep a record of all medical and funerary expenses you have
- Seek appropriate mental health attention
Filing a Wrongful death claim can be particularly demanding for someone who is also going through a grieving process. Contact us today, and let us take that off of your shoulders.