Arizona

What Insurances Cover Wrongful Death?

November 30, 2020

When a family member or loved one loses their life as a result of the actions of somebody else, it may be possible for the family members to obtain compensation for their losses. There are various ways that a wrongful death claim may be compensated, including through actions taken in civil court with a wrongful death lawsuit. However, it may be possible to secure compensation for wrongful death through various types of insurance coverage. Here, we want to discuss whether or not you may be entitled to wrongful death compensation from homeowner’s insurance, car insurance, or another type of insurance.

Does Homeowners Insurance Cover Wrongful Death?

In any wrongful death case in Arizona, securing compensation will revolve around proving the negligence of an at-fault party. Similarly, if negligence on the part of a homeowner can be established, then the homeowner’s insurance will generally cover wrongful death under the liability section of the policy. However, there are often detailed exclusions built into homeowner’s insurance policies. These policies also regularly have maximum payout amounts associated with them.

Because of these possible exclusions and maximum payout amounts, it is crucial that all parties that could face liability for the incident be named in any potential insurance claim or lawsuit. For example, if your child goes to a neighbor’s house to play with their child but is tragically killed by a defective toy or appliance, then the parents of the deceased child could potentially seek damages from the neighbor’s homeowner’s insurance policy as well as from the manufacturer of the toy or appliance.

Will Car Insurance Cover Wrongful Death?

Car insurance does often cover wrongful death compensation. The key to these cases is being able to prove that the driver in the other vehicle was careless or negligent and that they breached their duty of care to others on the roadway, namely to the person who was killed. Negligence in these cases can come in many forms, including:

  • Driving impaired alcohol or drugs
  • Driving while distracted by a cell phone or other device
  • Failing to follow the rules of the roadway
  • Driving a defective vehicle
  • Road rage incidents
  • …and more

Survivors of a vehicle accident can file a lawsuit against the other driver’s insurance carrier for wrongful death compensation. Proving negligence in a vehicle accident wrongful death claim is going to be crucial and will revolve around gathering a significant amount of evidence. An attorney will use their resources to gather and obtain any photo or video surveillance of the incident, statements from eyewitnesses, accident reports, vehicle “black box” data, phone records, etc.

What Other Types of Insurance May Cover Wrongful Death?

Homeowner’s insurance policies and vehicle insurance policies are not the only types of insurance coverages that may be available to pay wrongful death claims. The truth is that you, as a grieving family member, may not know all of the sources of potential compensation until you work with an attorney for your case. An attorney will use their resources to determine all possible liable parties and then determine where potential compensation sources may be. Other possible types of insurance that could cover wrongful death include the following:

  • Workers’ compensation insurance. A work-related death of an employee could result in compensation being paid out to surviving family members.
  • Product liability insurance. Most companies and manufacturers have some sort of insurance related to the products they distribute for use or consumption. This type of insurance could also cover wrongful death compensation.
  • Medical malpractice insurance. Nearly all medical professionals have some sort of medical malpractice insurance to cover injuries or death should they make a mistake.

In addition to these types of insurance, just about any government or privately operated entity will have insurance to cover a wide range of scenarios that could cause injuries or fatalities. Schools carry insurance should children become injured or die on their premises or during school-related activities. Business owners will have insurance to cover most incidents that could occur on their property.

What Damages Can Be Claimed?

There are various types of compensation that may be available to family members who have lost a loved one. This can include the following:

  • Funeral and burial expenses
  • Medical bills, including coverage for emergency care related to the deceased’s final treatment
  • Pain and suffering endured by the deceased before their death
  • Lost value of household services the deceased performed
  • The loss of care, companionship, and guidance the deceased provided
  • Compensation for lost income and services the deceased would have provided during their lifetime
  • Loss of inheritance any heirs would have received had the deceased lived
  • Pain and suffering losses due to the untimely death

How to File A Wrongful Death Claim

Filing a wrongful death claim will depend on how you are going about securing compensation. If you will be using an insurance policy to recover wrongful death losses, you will need to follow the claim requirements set forth by the respective insurance company. If you are unable to recover compensation through an insurance provider it may be necessary to file a lawsuit against the alleged negligent party in the wrongful death case. Wrongful death claims must be filed in civil court within two years from the date of the deceased’s death. It is crucial that you work with a skilled wrongful death lawyer for help filing these cases and pursuing the wrongful death claim.

Contact an Arizona Wrongful Death Lawyer Today

If you have lost a loved one due to the careless, negligent, or intentional actions of somebody else, contact an attorney for help with your case today. At Torgenson Law, our qualified and experienced Phoenix wrongful death lawyers have the resources and legal expertise necessary to conduct a complete investigation into your case. Our goal will be to secure full compensation for your losses, including all of the damages mentioned above in this article. You can contact us for a free consultation online or by calling (602) 759-0012.