South Florida Injury Attorneys Blog
Losing a loved one in a wrongful death accident can have lasting effects on surviving family members and friends. In addition to the emotional toll of losing a loved one unexpectedly, family members are often left with costly medical bills, loss of future income, property damage, and funeral and burial costs. However, if you lost a loved one because of the negligence of another party, certain surviving relatives could be eligible to pursue financial compensation for damages related to the incident.
Before seeking compensation, it is important to understand that you may need to deal with multiple insurance companies besides your own, especially if you wish to seek the full and fair amount of compensation you may need to cover your damages. Having a licensed lawyer to help guide you through the process may be in your best interests.
At Frankl Kominsky Injury Lawyers, our reputable team of legal professionals is prepared to listen to the details of your wrongful death claim in a complimentary, first-time evaluation. Our compassionate attorneys understand the emotional and financial struggles surviving family members often experience after the unexpected loss of a loved one.
Read on to learn more about the different types of insurance that could provide coverage in the event of a wrongful death. Knowing your legal options could help you obtain the full amount of compensation you may rightfully deserve.
Insurance Coverage in a Wrongful Death Claim
Oftentimes, insurance companies do not provide enough coverage to pay for the full amount of damages in a wrongful death claim. This is why it is important to understand the fine print and all the details regarding your policy and that of the at-fault party. A good lawyer can review the details of the insurance coverages involved and negotiate with insurers on your behalf to pursue the full amount of compensation you may legally deserve.
Depending on the details of the wrongful death accident and insurance coverages involved, will determine how much compensation you may be able to pursue. Keep in mind that insurance companies may reach out and offer you a quick settlement that may be far less than what you may legally deserve. This is why it is critical to speak to a knowledgeable wrongful death lawyer who has experience working with cases similar to yours.
The law firm of Frankl Kominsky Injury Lawyers has more than 40 years of combined legal experience, which includes extensive experience dealing with insurance companies. Having a licensed lawyer from our firm on your side means your rights to seek compensation are protected against the insurance companies.
Different Types of Insurance Coverage
Different situations call for different types of insurance coverage in cases involving a wrongful death. Depending on how and where the accident occurred, will determine the coverages that may be available to you:
Motor Vehicle Crashes
If your loved one was killed in a motor vehicle accident because of the negligence of another party, you may have multiple coverages to consider. Since Florida is considered a no-fault auto insurance state, all drivers are required to use their own Personal Injury Protection (PIP) insurance to cover their damages, in the event of an accident. You cannot file a lawsuit against the other driver unless your damages exceed the $10,000 PIP maximum coverage, or if the crash resulted in severe disfigurement, permanent injury or death of your loved one. Therefore, you are legally allowed to file a wrongful death claim against the at-fault driver for the remaining balance, not covered by your PIP insurance.
If the other driver is uninsured or underinsured, you may need to use your own umbrella coverage to help pay for the damages. Although this type of coverage is optional, we highly recommend purchasing as much umbrella coverage as you can reasonably afford.
Slip and Fall Accidents
Sometimes, slip and fall injuries can lead to the death of a loved one, especially when the fall is from a high place. Construction workers, roofers, carpenters, electricians, warehouse workers, plumbers, fire-fighters, janitors, and other handy workers routinely put their lives at risk, especially when they need to work in high places, such as rooftops, scaffolds, or ladders. Even a wet or slippery surface at another property or business can cause visitors to slip and suffer serious neck and head injuries, which may lead to long-term suffering and even death.
If you and your lawyer can prove the property owner was aware of the hazardous condition and failed to take the necessary measures to keep your loved one safe, you could hold the property owner liable. In cases involving a business or residential property, surviving family members may be eligible to file a premises liability claim against the owner.
If the accident occurred at the workplace, you may need to file a claim against the employer’s workers compensation insurance. If the incident occurred on public property, you may need to file suit against the government agency responsible for maintaining the property.
Medical Malpractice
Although most medical professionals do a great job at keeping us all safe and healthy, sometimes mistakes can be made, and those repercussions can be deadly. Oftentimes, healthcare workers may endure long hours, which may cause them to be fatigued and that is when the health of a patient can sometimes be overlooked. Other times, a medical professional may not be fully trained to perform certain procedures, which can cause fatal injuries that could have been prevented. Nevertheless, all medical professionals are legally obligated to uphold certain standards of care to keep us safe and taken care of. However, if it is found that a medical professional was negligent in upholding the standards of care, the medical professional and the hospital may be held liable in a wrongful death lawsuit.
Defective Products Claim
If the death of your loved one was caused by a poorly designed or defective product, surviving family members may need to file a product liability claim against the manufacturer. Defective tires, faulty brakes, inadequate air bags, poor vehicle maintenance, dangerous drugs, and harmful medical devices are all common examples of defective products that have been known to cause fatalities. If it is determined that the death was caused by poor vehicle maintenance, you could file a claim against the company responsible for maintaining the vehicle.
Need Assistance With Your Insurance Claim?
If you lost a loved one prematurely in a wrongful death accident and need assistance with your claim, contact Frankl Kominsky Injury Lawyers today to schedule a no-cost, initial consultation. Our team of legal professionals is prepared to answer any questions you may have about your wrongful death claim.
Our reputable attorneys are proud members of the West Palm Beach community, as we aim to protect the rights of the people by helping them hold at-fault parties liable for their negligence. Let our firm help you fight for your rights by ensuring justice is served so that you are given the opportunity to seek the financial support you may legally deserve.
Call our firm any time, 24 hours a day, seven days a week, or fill out a free online form and one of our friendly representatives will reach out to you. You can also chat with an online representative any time of the day.
Call Frankl Kominsky Injury Lawyers today at 561-800-8000 or fill out a free online form here.