In the vast majority of personal injury cases, an individual does not have sufficient assets to cover their damages out of pocket. We will almost always make an insurance claim for a DC wrongful death. If it is a business and they do not have insurance coverage, they know that one lawsuit could bankrupt them. For many companies, insurance coverage is required by statute. The ability to make an insurance claim after a wrongful death has its advantages. The clear advantage is that there is a source from which to recover compensation for your damages. On the other hand, insurance carriers are highly skilled at not paying out the money they owe. Fortunately, our world-class wrongful death attorneys have successfully handled these cases for decades.
Insurance law is a critical part of any personal injury case. Whether it is a car accident, a nightclub injury, or a slip-and-fall in a restaurant, insurance comes into play. Washington, D.C., has laws regarding insurance claims that are more strict than in neighboring states. If you do not carefully adhere to these laws, you may lose your right to make a claim. Many of the laws are poorly worded and cause great confusion. However, you cannot make more than one insurance claim in certain instances. Moreover, there are statutes of limitation that apply specifically to wrongful death claims, which are also more limiting than the statutes of limitation for most personal injury cases. This is counter-intuitive but may bar your right to claim compensation. Thus, if you are interested in making an insurance claim after a wrongful death, speak with a knowledgeable attorney immediately.
Several different types of insurance coverage may apply to your case. Deciding which to use and how many you can use is an issue a skilled attorney can assist with. Here are some key types of insurance coverage that might be involved in wrongful death claims:
An uninsured motorist claim is only applicable in a select number of cases. First, you must be operating a vehicle when for the coverage to be active. Second, you cannot be at fault for the accident. So, if you rear-end another driver and you are deemed legally liable for the accident, you cannot make an uninsured motorist claim. Third, we must prove to your carrier that no other insurance is available from any liable defendants. So, let’s flip the previous example and say you are the one who is rear-ended. However, the driver in that vehicle was uninsured. Or, they hit your car and then immediately fled the scene. Your family member was also in your vehicle, and she passed away due to injuries sustained in the accident.
We must also assume you have a significant auto insurance policy for this example. Here, you may make an uninsured motorist claim to cover your injuries. Your family member’s newly established estate may also pursue a survival action via your uninsured coverage. If coverage remains, which is unlikely under the majority of policies, you may make an uninsured motorist claim for wrongful death damages.
Note that an uninsured motorist claim is a claim with your insurance provider. But what if your provider disagrees with you regarding the value of your wrongful death claim? You should then pursue an action for breach of contract. There may also be a claim for bad faith, which may result in an excess judgment. This is when retaining an attorney licensed in multiple jurisdictions is critical. While the wrongful death may have occurred in DC, if you entered your insurance contract in a different state like Maryland, the breach of contract action should be filed in Maryland.
An insurance claim for a DC wrongful death can also be an underinsured motorist claim. This is preferable to an uninsured motorist claim. While the two sound similar, they are quite different. Like an uninsured motorist claim, an underinsured claim requires that you be operating your vehicle at the time of injury. Also, you cannot have been at fault for the accident. Additionally, we must show that the tortfeasor’s insurance coverage has been exhausted. For a wrongful death claim with multiple victims, this should be relatively easy to do. Death cases can result in millions of dollars in damages. So, suppose it is a car accident case. In that case, you will likely have to use your underinsured coverage unless you are involved in an accident with a company vehicle and that company has an extensive policy for its trucks.
A bar or nightclub’s insurance is critical for the longevity of its business. Anytime there is alcohol around, people tend to make bad decisions. Whether it is inadequate security training, insufficient security, or a bouncer hitting a patron, clubs frequently expose themselves to liability. Especially in a case of intentional conduct, such as a bouncer striking a patron, damages can skyrocket. When there is a wrongful death that the bar or nightclub is liable for, damages can quickly approach millions of dollars.
When a loved one passes away due to the conduct of a third party, an insurance claim for a DC wrongful death is crucial simply to cover your damages. Whether it is loss of ability to pay tuition if you are the child of the decedent, funeral costs, which can be surprisingly costly, or loss of consortium, taking the necessary steps to file a wrongful death insurance claim is imperative. The steps you will take will depend on the facts of your case. Every death case is different. Thus, speaking to a qualified attorney immediately is critical to protect your right to compensation.
Of course, these steps are the basics of a wrongful death insurance claim, but they provide a timeline you can use to understand what to expect if you choose to go forward with a claim.
An insurance claim for a DC wrongful death will require different documentation depending on the facts of your case. The basis of the necessary documentation will necessitate that you prove that the death occurred, that the defendant is responsible, and that the damages are what you allege. Generally, the following documentation is required:
The value of your case at trial will depend on the amount of damages you can establish by a preponderance of the evidence. For a wrongful death claim, damages typically consist of how you relied on the decedent financially. There are also noneconomic damages to consider. This amount, while legitimate, is more arbitrary and will depend on the jury’s will.
If you are interested in filing an insurance claim for a DC wrongful death, contact our office immediately. Our skilled personal injury attorneys offer free consultations at (202) 331-7227.