Living through a loved one’s passing is something no one wants to experience. It’s emotionally devastating and may also leave surviving family members with overwhelming questions:
- How do I navigate the legal process?
- Do I need a wrongful death attorney?
- And what role does insurance play?
The role insurance coverage plays in a wrongful death claim depends significantly on the details of the case. In many cases like tihs, when surviving family members seek compensation after a loved one’s passing, they are claiming damages directly from the defendant’s insurance company.
How Insurance Adjusters Evaluate Compensation, Damages, and Policy Limits
For instance, a devastating number of wrongful death claims involve car accidents. The at-fault party in a crash like this would be the driver responsible for causing it—perhaps they were texting, driving under the influence, or exhibiting another form of negligent or reckless behavior that an Allentown texting while driving accident lawyer routinely addresses. Typically, insurance adjusters representing this person’s insurance company will contact the deceased person’s family soon after the event to evaluate the lawsuit and offer an initial settlement within the limits of their policy.
The insurance company will then present their settlement offer, knowing if the family accepts it, they agree not to file a wrongful death lawsuit against the negligent party. Insurance companies aim to avoid litigation, as lawsuits involving complex incidents—like those handled frequently by an Allentown bus accident attorney—are costly and uncertain.
Family members may accept this initial settlement offer or refuse it and continue with filing a lawsuit. In certain cases, insurance companies might refuse a fair payout, prompting the necessity for litigation. If no agreement can be reached at this stage, the claimant and their experienced law firm may choose to formally file a lawsuit. Even after filing, a settlement can still occur, which is common in cases regularly handled by an experienced bicycle accident lawyer in Allentown. The Allentown wrongful death attorney will build the strongest possible legal action, identify the responsible party, and calculate appropriate amounts. A trial might become necessary if negotiations fail, leading to a jury decision in court.
What Is a Wrongful Death Claim and How Does It Differ From a Personal Injury Claim?
The loss of a family member or loved one will always be earth-shattering. There’s no way around that—it’s devastating. All deaths are a significant loss, but deaths resulting from tragic and avoidable incidents—such as neglect in care facilities that an Allentown nursing home abuse lawyer an pursue—can be particularly grievous.
A fatal accident occurs due to someone else’s negligence. A person who dies from natural causes has not experienced a wrongful death. But if someone’s passing occurs because a drunk driver caused an crash, that qualifies as an accidental deal. In these cases, surviving family members have the right to file a suit. This claim shows that someone acted negligently, recklessly, or violently, and these incidents directly caused the deceased to lose their life.
In personal injury claims, the victim survives, can advocate for themselves, and may file a personal injury claim—such as those managed regularly by an Allentown construction accident lawyer after workplace incidents. However, if the victim dies, they cannot advocate for themselves. A wrongful death claim allows the deceased person’s surviving family to pursue a case and secure maximum compensation for the damages and expenses this fatality has caused.
Common Accidents That Lead to Wrongful Death Claims in Allentown
Fatal accidents can, unfortunately, take many forms. Some common situations resulting in wrongful death claims include:
- Medical malpractice: Medical malpractice can take several forms: misdiagnosis, surgical error, improper dosage, or failure to diagnose a condition. When medical professionals fail to uphold the expected standard of care, leading to a patient’s demise, surviving family members may file a suit for compensation, damages, and related expenses.
- Car accidents: Many cases involve car crashes. This is one of the leading causes of wrongful deaths and often occurs because the driver responsible for the crash is texting, impaired, or driving recklessly. When this happens, an insurance company usually becomes involved, and a wrongful death claim may follow.
- Truck accidents: Due to their size and weight, truck crashes often cause greater devastation than motor vehicles. When a truck collision involves passenger vehicles, it often results in fatalities, increasing the likelihood of a wrongful death claim.
- Unlawful violence: Most claims involve negligent acts without intentional harm. For example, in car crash cases, drivers might have been irresponsible but did not intend the resulting deaths. However, some wrongful death actions stem from intentional unlawful violence or assaults causing fatalities.
Fatal accidents can, unfortunately, take many forms, from commercial vehicle collisions to sudden spinal trauma that an Allentown spinal cord injury lawyer sees far too often. If you have lost a loved one and are considering filing a wrongful death claim, contacting one of our experienced attorneys is essential. Taking this step helps ensure all beneficiaries receive fair payouts for the loss and damages experienced.
Understanding the Claims Process and Legal Limitations
Navigating the wrongful death claims process involves specific procedures and timelines. In Pennsylvania, family members typically have two years from the date of the incident to file a lawsuit. Understanding the legal limitations and specific requirements is essential, as missing deadlines can mean losing the opportunity to recover compensation entirely. An experienced legal team can clarify all limitations and requirements, guiding families through the complexities of filing their claim effectively.
Comparative Negligence and Its Role in Wrongful Death Cases
Pennsylvania law operates under comparative negligence, which means the compensation amount awarded may be reduced based on any responsibility the deceased may have had in the incident. Insurance adjusters often use this as leverage when evaluating offers. Experienced lawyers anticipate these tactics, ensuring families receive a fair payout despite insurers’ attempts to minimize compensation.
The Role of Insurance Companies and Policies in Allentown Wrongful Death Lawsuits
Liability Insurance Policies and Accident Coverage Basics
As discussed above, many cases involve the at-fault party’s liability, including auto, homeowners, or malpractice insurance. These insurance policies often provide financial coverage for cases involving car and truck accidents, scenarios where an Allentown premises liability attorney becomes vital when unsafe property conditions cause a fatality, and medical malpractice. Surviving family members may receive compensation from these insurers, helping to cover medical bills, funeral costs, lost wages, loss of income, and related expenses.
Legal Representation and Lawyer Costs
When a defendant has relevant policies, their insurer typically provides legal representation to protect their own interests. Because an insurance provider’s legal representative always seeks to minimize payout, securing your own wrongful death attorney is crucial. Experienced attorneys, such as an Allentown catastrophic injury attorney, deeply understand Pennsylvania law, ensuring you receive a fair amount.
Negotiating a Settlement With the Life Insurance Company
Shortly after the incident, insurance adjusters start the filing process. Securing an Allentown wrongful death attorney quickly helps protect you from unreasonable offers. Negotiations include assessing damages, evaluating liability, determining policy limits, and eventually reaching an agreement. If the offer is insufficient, pursuing a wrongful death action may be necessary.
How a Death Attorney Helps Maximize Your Wrongful Death Lawsuit Payout
Hiring a compassionate, experienced firm can make all the difference in your wrongful death case. Our attorneys guide families through complicated insurance suits clearly and carefully, so you understand exactly what to expect. We’ll help you review offers from insurers and ensure your rights are fully protected at every step.
When to Sue and When to Accept Settlement Offers
Deciding whether to accept an offer or pursue legal action can feel overwhelming, especially while coping with grief. At Munley Law, we provide a compassionate case review to help your family clearly understand your options. Your attorney will carefully evaluate the circumstances, the severity of injuries involved, and guide you toward the best path forward, ensuring you feel supported every step of the way.
Why Allentown Wrongful Death Lawyers Strengthen Your Claim
An experienced wrongful death attorney is vital to the success of your death case. Alongside the emotional toll, wrongful deaths impose severe financial burdens. Your attorney provides legal support by:
- Determining fault and liability in the suit
- Calculating total damages and the maximum compensation available
- Negotiating aggressively with insurance companies
- Guiding you through the complex legal situation
- Protecting your rights throughout the entire process, including at trial if required
Contact Munley Law Wrongful Death Lawyer Today
If you have lost a family member due to someone else’s negligence, recklessness, or violence, you have our deepest condolences and support. As a family-operated business, we deeply understand that such a situation brings emotional suffering along with financial difficulties such as funeral expenses and lost income.
Our experienced wrongful death attorneys understand Pennsylvania law, including crucial aspects like comparative negligence, policy limits, and various forms of insurance coverage such as life insurance policies, auto insurance, and malpractice insurance. We are here to ensure that you receive the maximum compensation available from responsible insurers, protecting your family’s financial future.
Our wrongful death lawyers aggressively negotiate with insurance companies, carefully examining settlement offers and taking your death lawsuit to trial if needed. You deserve an optimal outcome, and our attorneys know how to handle complex litigation issues effectively.
Contact us today for a free case review. Let Munley Law be your advocate, protecting your rights and securing justice for your loved one.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on May 30, 2025.
Munley Law Personal Injury Attorneys
609 Hamilton St.
Allentown, PA 18101
(610) 857-7424
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