Who Pays for a Wrongful Death Lawsuit?
December 18, 2024
The loss of a loved one can mean significant setbacks, both financially and emotionally. Fortunately, wrongful death lawsuits allow victims’ loved ones to pursue money to cover the impacts of wrongful death. But who pays? Depending on the circumstances, more than one party could be on the hook for damages.
Have you lost a loved one to negligence or unlawfulness? Wapner Newman is ready to listen and fight to get you justice. Call (215) 569-0900 today for a free consultation with a wrongful death lawyer.
What Is Wrongful Death?
Wrongful death occurs when one party causes the death of another through negligence or unlawful actions. It is an actionable harm, meaning certain parties are entitled to benefit from compensation for the loss, including:
- Surviving spouse
- Children
- Parents.
However, only the decedent’s personal representative can file a wrongful death lawsuit in the first six months following the decedent’s passing. Once six months have passed, any party authorized by law, such as the surviving spouse, may file a wrongful death lawsuit if a personal representative does not. Actions must be filed within two years of the death.
Keep in mind that wrongful death actions are distinct from survival actions. Survival actions are intended to provide compensation to the decedent’s estate for losses suffered by the decedent while alive. Wrongful death actions, on the other hand, address the impacts of the decedent’s death.
Damages
Wrongful death damages address the losses caused by the decedent’s absence. Various compensatory damages are available, including:
- Financial support the decedent would have reasonably contributed
- Work and contributions around the home that would have been provided by the decedent
- Loss of guidance, comfort, and companionship.
The current spouse of a decedent may also seek compensation for the loss of affection and love. In cases where the defendant acted in a particularly egregious way, such as with reckless, malicious, or heinous behavior, punitive damages are available. For example, murder would sustain punitive damages, whereas an accidental car crash would not.
Common Wrongful Death Situations
There is no shortage of contexts in which wrongful death might occur, but it tends to happen in certain situations more than others, such as:
- In traffic
- At dangerous worksites
- During medical care and treatment
- While using dangerously defective products
- From a slip and fall accident.
Wrongful death by homicide is also common. Whatever the context, victims’ family members need competent counsel to fight for what they are owed.
At Wapner Newman, we fight as hard as necessary to get our clients compensated properly.
Who Pays for Wrongful Death Damages?
In theory, a decedent’s loved ones can pursue various damages directly against a liable party. However, in practice, insurance companies typically step in to cover some or all of the damages involved in these cases. In some cases, insurance is simply not available or sufficient to cover resultant damages.
Insurance
When an insurance company pays up, the context of the wrongful death involves defendants who have insurance. For example, auto accidents are a major cause of wrongful death. Since most drivers have liability insurance, their policies kick in for some or all of the damages when they are at fault.
It is important to note, however, that insurance policies often do not cover all of the damages being sought in a wrongful death lawsuit. Policies have limits, be they medical malpractice policies or auto insurance policies. When an insurance policy has been exhausted and damages still remain, the victim can pursue the defendant for the balance.
Additionally, insurance companies hardly ever offer victims’ family members what they deserve. Profit incentivizes these companies to try to pay as little as possible. The more they pay out, the lower their profits. Unfortunately, many seeking damages for wrongful death are unaware of this and put their trust in what insurance adjusters say. They believe them to be on their side when the opposite is true. The consequence of trusting an insurance company adjuster for a proper damages accounting is subpar compensation.
Defendant
In many wrongful death situations, the defendant’s finances are insulated by insurance coverage. However, it is often the case that insurance coverage is not sufficient to pay damages owed or is simply non-existent. When this happens, the defendant can be pursued for what remains.
However, pursuing defendants for the balance of damages is often a major challenge. Many offenders are not financially prepared to cover the damages they owe — at least not in a timely fashion. However, there are methods to compel defendants to pay what is left over. But circumstances may ultimately render these methods ineffective.
Some of the methods of compelling a defendant to pay damages include:
- Writ of execution, which authorizes you to seek help from the sheriff
- Asset seizure of non-exempt assets
- Liens
- Wage garnishment.
If you have significant unpaid damage after all insurance has been exhausted, it may be unlikely that you will receive all of what you have been awarded. If the defendant is experiencing money troubles, the chances of squeezing a judgment out of them may be too low to pursue.
Meet With a Wrongful Death Lawyer Today
The loss of a loved one invokes so much pain and loss in many areas, from financial to emotional. Survivors are often left with expenses for which they may seek compensation. Wrongful death lawyers fight to get them what they deserve.
Contact Wapner Newman to begin your journey toward justice and the compensation you deserve. Call (215) 569-0900 today for a free consultation and case review with a wrongful death attorney.