Who pays in a wrongful death suit?

by | Jan 13, 2022 | Lawyers

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Wrongful death suits are common and refer to cases where someone died mysteriously. So, if this happens and you file a case against the offender, you may receive a financial award. Who pays for the suit depends on the circumstances around the death? It can either be an insurance company or an individual. Here is all the information on who should pay.

When the insurance company covers the cost

In most cases, the circumstances determine who pays for the death. However, in most cases, the insurance company covers the payment in a wrongful death suit.

For example, if a negligent driver killed your relative, his motorist liability insurance will cover the loss. However, if the driver was on the job, the driver’s employer may be liable for the wrongful death. So, this means your family can get compensation from the company’s insurance policy.

Apart from accident-related deaths, a person can also die from unintentional injuries. For example, a relative might fall or suffer other injuries leading to death at someone else’s residence. In this case, your family will get compensation from the owners’ liability policy. Additionally, when it’s medical malpractice, your family will receive compensation from the doctor or the hospital malpractice policy.

When an individual has to pay

Sometimes you might be entitled to compensation from both the insurance company and individual. However, insurance companies have limits, and if the amount exceeds what was to be paid, the offender has to pay from their pocket.

In most states, the requirement is to have minimum coverage, but most choose to pay more. So, if the person who caused your relatives’ death has minimum coverage, they will have to pay from their pockets for the balance. However, it can be difficult as the person might not have substantial assets or a salary that can cover that.

However, if you live in Medford and negotiations fail, you can hire a wrongful death lawyer to file a case. It will help you get your compensation under the guidance of the law.

So if this happens to your family, you know who is responsible for compensating you. You should always follow the right procedure to get the compensation. Contact Black Chapman Petersen & Stevens for more details.

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