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A Look at Insurance Benefits and Coverage Available in Wrongful Death Cases

      If your loved one has been killed in a car accident, truck accident, motorcycle accident, or other sort of roadway incident, there are several types of insurance benefits to which you may be entitled.  Insurance is often intended to cover the survivors of those killed due to negligence in an automobile or other sort of roadway accident.

      If the deceased had automobile insurance, the following benefits might be available for his or her family and estate:

Personal Injury Protection (PIP) and Survivor Benefits

      Most automobile insurance policies will include at least $10,000 in coverage for the loss of services performed by the deceased. Services can include anything from household tasks like taking care of the kids, home repairs, and mowing the grass, to wages earned. 

      Depending upon your coverage, benefits could be as high as $35,000.  Most states require that PIP insurance of $10,000 be included with the coverage unless rejected in writing by the insured.  If the insurance company cannot produce evidence of the insured’s in writing rejection, the insurer must offer the coverage, even if the insured did not pay for it.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

      These benefits apply if the at-fault driver was not insured or if their insurance coverage is not sufficient to cover all of your damages.  UIM coverage is known as floating coverage because it will offer coverage in addition to that coverage held by the at-fault driver.  Most states require that insurance companies offer UM/UIM coverage at the time of enrollment into the liability policy and it will be included within the coverage unless rejected in writing. 

      If multiple polices are involved, the UM/UIM coverage may be stackable.  Your attorney will review all coverage involved to uncover how to obtain the maximum recovery.  There will generally be different types of insurance policies and coverage held by the at-fault party.  It will be critical to uncover what this coverage is to determine the potential success of a wrongful death action. 

Funeral Expenses

      Funeral expenses will generally be covered by the insurer and includes the cost of the funeral.

Personal insurance coverage

      Your attorney should request information as to all policies that cover the at-fault driver or other party so that you can uncover whether stacking is available.  Do not simply accept the opinion or word of the insurance adjuster.  Allow your attorney to gather the policies and make their own determination.

Umbrella Policies

      Umbrella policies may be held by individuals or corporations.  They are designed to offer additional coverage when it is needed to cover the value of the loss.  This is also known as an “excess policy” because it offers coverage on top of the existing policy.

Business Insurance Policies

      These policies are intended to cover the actions of the business entity as well as employees.  If an employee is involved in an accident, this coverage could prove important.   

Zinda Law Group:  Experienced Texas Wrongful Death Attorneys  

      Losing your loved one in an automobile or other accident is devastating and financially crippling.  The Texas Wrongful Death Attorneys at Zinda Law Group assist plaintiffs across the state in receiving full compensation for the losses associated with the death of their loved one.  We will zealously fight for your full recovery following the loss of your loved one. 

      Our wrongful death awards often include damages for loss of savings, lost wages, emotional pain and suffering, burial expenses, and more.  Call Zinda Law Group toll free at 800-863-5312 to schedule your free consultation with one of our experienced and dedicated wrongful death attorneys.



 

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