Depending on how an accident happens, insurance policies offer different types of wrongful death coverage in California.
But even when an insurance policy does provide compensation, wrongful death insurance coverage amounts may not always restore a person’s total losses.
Hiring a personal injury lawyer to work with insurance companies will help assure that you obtain a favorable settlement.
An experienced injury attorney can also take the insurance company to court if they refuse to offer reasonable compensation.
We understand how insurance companies work and the tactics they use to pay out as little as possible.
But we will fight for a fair resolution that will cover your medical bills, lost wages, pain and suffering, and other losses.
Establishing Wrongful Death Liability
In every type of wrongful death claim, a party must establish that negligence caused the victim’s death.
To establish negligence, the wronged party must show that the liable party owed the deceased a duty of care.
They must also prove that the liable party’s failure to uphold this duty caused the death. A party’s duty of care depends on different circumstances.
Generally, though, a person’s duty of care includes acting in a way that a reasonable or prudent person would in the same or similar circumstances.
Types of Wrongful Death Claims
Another party’s negligent actions are always a component of wrongful death. But how that party’s actions cause the death varies, as does the applicable wrongful death insurance coverage.
The following are situations that could give rise to different insurance claims:
- Medical malpractice—when a medical professional’s inadequate or reckless care causes someone’s death. The health professional’s malpractice insurance may cover all or some losses.
- Car accidents—when a person engages in dangerous or reckless behaviors behind the wheel that results in someone else’s death. The driver’s bodily injury liability insurance may cover all or some losses.
- Premises liability—when a property owner fails to maintain a safe premise and that failure results in someone else’s death. The property owner’s business or homeowner’s insurance may cover all or some losses.
- Product liability—when a product manufacturer, distributor, or retail establishment manufactures or sells a defective product that causes death. The entity’s business or property insurance may cover all or some losses.
Since the criteria governing each claim vary from one legal cause of action to another, consulting with an experienced attorney is always advised.
A Personal Injury Lawyer at Wells Call Injury Lawyers Can Help
If your loved one died due to the negligence of another party, the compassionate advocates at Wells Call Injury Lawyers could help you down the road to recovery.
We understand how hard this time is for you and will work with insurance companies to get you the settlement you deserve.
We’ve recovered millions of dollars for our clients and know what it takes to hold negligent parties responsible.