A wrongful death claim is a type of legal action that can be taken by surviving family members after the preventable loss of a loved one’s life in Texas. While many families may think of lawsuits when they hear “wrongful death claim,” it is more often than not an insurance claim. Multiple forms of insurance may be available to pay out a wrongful death claim, depending on the circumstances. Make sure to contact a wrongful death attorney in San Antonio for legal guidance.
What Is a Wrongful Death Claim?
The Texas Wrongful Death Act (Texas Civil Practice and Remedies Code § 71.002) allows for the recovery of financial compensation by beneficiaries for the wrongful death of an individual with the aim to make surviving loved ones whole again. Under this law, a “wrongful death” is one that is caused by the careless or wrongful acts of another person or party.
Types of Insurance That Could Be Accessed During a Wrongful Death Claim
If the right to file a wrongful death claim exists under Texas law, a claim could be brought against one or multiple defendants. A defendant is a party that is being accused of causing the deceased person’s wrongful death. This could be a negligent driver, property owner, employer, business or other parties.
Depending on the cause of the wrongful death and who is liable, or financially responsible, the following types of insurance plans could offer coverage:
- Automobile insurance
- Homeowners or renter’s insurance
- Commercial property insurance
- Business insurance
- Workers’ compensation insurance
In some cases, more than one type of insurance policy is available. For example, a fatal car accident could give surviving family members the right to seek coverage through both a car insurance claim and a business insurance claim, if the at-fault driver was working as an employee (such as a delivery or cab driver) at the time. A car accident lawyer in San Antonio can help you navigate complex situations.
How Is a Wrongful Death Claim Proven in Texas?
When an insurance company receives a claim for wrongful death benefits, it will assign a claims adjuster to assess and investigate the case. The investigative process typically involves asking the claimant questions, requesting a police or accident report, interviewing witnesses, reviewing the deceased person’s medical records or coroner’s report, visiting the scene of the accident, and analyzing photos or video footage.
An insurance company will only agree to accept liability and pay a claim if it finds evidence that its policyholder is responsible. If you need to file this type of claim with an insurance company in Texas, you must accompany it with evidence. The information and documentation you submit should show proof of the policyholder’s negligence, or the failure to act with proper care, in connection to your loved one’s death.
What if the Claim Gets Denied?
Insurance companies, above all else, want to save money. They do this by finding reasons to reject submitted claims. If your wrongful death claim initially gets denied, your family has options. You have the right to request an internal review by another claims adjuster or file an official appeal. If there are signs that the insurance company is acting in bad faith by deciding not to cover your wrongful death claim, you may be able to bring an additional lawsuit against the insurer with the help of an injury lawyer in San Antonio.
For more information about insurance coverage options in your specific wrongful death claim, contact Hill Law Firm Accident & Injury Lawyers for a free consultation with an attorney.