Does Insurance Cover Wrongful Death?
Posted in Wrongful death on October 15, 2021
If you lose a loved one as a result of the careless or negligent actions of someone else, you should be able to recover compensation. In many cases, a death claim will be resolved through an insurance settlement, but that is not always how this works. Depending on the situation, insurance settlement policies may not provide much compensation to grieving family members. It may be necessary to pursue a wrongful death lawsuit to recover fair compensation for these situations.
Auto Insurance and Wrongful Death
When we look at the types of insurance that drivers are required to carry in Tennessee, we see the following:
- Bodily injury liability: $25,000 per person and $50,000 per accident
- Property damage liability: $15,000 per accident
While these are the minimum types of insurance required by law, individuals can carry more insurance, but they often do not. When we look at that coverage, an injury or death will be covered under the bodily injury liability coverage purchased by a driver. We need to point out that these insurance coverage minimums are often not enough to handle medical bills for severe injuries, and they are certainly not going to cover the losses a family is likely to experience as a result of wrongful death. Families will likely be able to recover some compensation from the at-fault party, but not enough.
Home or Business Insurance Policies
It is not uncommon for wrongful death claims to revolve around incidents that happen at another person’s home or at a business location. The good news is that homeowners insurance policies and business insurance policies do typically pay out for instances of wrongful death. So long as it can be shown that the death was caused by the carelessness or negligence of the property owner, these insurance carriers will likely provide some compensation.
However, it is important to point out that homeowners insurance policies and business insurance policies often have detailed exclusions, and they will also have maximum payout amounts. No insurance carrier is going to pay out more compensation than the policyholder has paid premiums for.
Filing a Wrongful Death Lawsuit
The reality is that there are not many types of insurance that will cover the types of losses that family members are likely to experience in the aftermath of losing their loved one. We are talking about an entire human life. This includes various types of losses that are hard to even place a value on. Yes, there will be some calculable expenses such as funeral and burial costs, lost wages the deceased would have earned how they lived, and medical expenses experienced by the deceased before their death.
However, family members should also be able to recover compensation for the loss of their loved one’s care, society, companionship, guidance, and love. In order to secure the true value of the lost life, it may be necessary for individuals to file a wrongful death lawsuit against the at-fault party. These cases can become incredibly challenging, and it is crucial to work with a skilled Nashville wrongful death lawyer who has experience handling complex claims like this.
It may be possible to file a wrongful death claim against any party whose negligence caused the wrongful death. This can include other drivers, homeowners, business owners, and more.