Living through a loved one’s death is something no one wants to experience. It’s emotionally devastating and may also leave surviving family members with an onslaught of 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, when surviving family members seek compensation after a loved one’s death, they are seeking that compensation from the defendant‘s insurance company.
For instance, a devastating number of wrongful death claims involve car accidents. The at-fault party in a case like this would be the driver responsible for the accident — perhaps they were texting, driving under the influence, or exhibiting some other kind of negligent or reckless behavior. This person’s insurance company will likely contact the decedent’s family after the accident.
The insurance company will then offer a settlement, with the understanding that if the family accepts this settlement, they agree not to file a lawsuit against the negligent party. Essentially, insurers are always looking to save money and would rather settle than pay the cost of a lawsuit.
The relevant family member may choose to accept this initial settlement, or they may refuse and continue with filing a wrongful death claim. In some cases, insurance companies may refuse to settle, which would also likely necessitate a personal injury lawsuit. If no settlement is reached at this stage, the claimant and their experienced wrongful death attorney may choose to file a wrongful death claim. Once they do so, there’s still an opportunity to settle. The Allentown wrongful death lawyer will build a case, determine the responsible party, and evaluate the case’s worth. They’ll then negotiate with the insurance company to receive maximum compensation. A trial may become necessary if a settlement cannot be reached at this stage, and a jury verdict will be the final decision.
What is a Wrongful Death Claim?
The death of a family member or loved one will always be earth-shattering. There’s no way around that — it’s simply devastating. All deaths are a huge loss, but deaths that occur as the result of a tragic and often avoidable accident can be particularly grievous.
A wrongful death occurs as the result of someone else’s negligence. Someone who dies of natural causes has not died of a wrongful death. But if someone’s death occurs because a drunk driver hits them, that is a wrongful death, and the surviving family likely has the right to file a wrongful death claim. This means that someone was acting negligently, recklessly, or violently, and these types of accidents directly caused the deceased person to lose their life.
In personal injury accidents where the victim survives, that person can advocate for themselves and decide if they want to file a personal injury lawsuit. But of course, if the victim loses their life, they have no way of advocating for themselves. A wrongful death claim allows that person’s surviving family members to file a lawsuit on their behalf, both to seek justice and to receive maximum compensation for all the losses this death has caused them to experience.
What Are the Common Causes of Wrongful Death in Allentown, PA?
Wrongful death can, unfortunately, take many forms. Some everyday situations that may result in a wrongful death claim include:
- Medical malpractice: Medical malpractice can take many forms: misdiagnosis, lack of diagnosis, surgical error, improper dosage, etc. When a medical professional fails to uphold the appropriate standard of care, a patient loses their life. As a result, a wrongful death claim may very well be warranted.
- Car accidents: Many wrongful death victims are car accident victims. This is one of the leading causes of wrongful death and often occurs because the driver is texting, driving recklessly, or exhibiting some other kind of unsafe behavior behind the wheel.
- Truck accidents: Due to the size and weight of the truck involved, truck accidents often cause even more devastating damage than car accidents. When a truck and a passenger vehicle collide, it’s unfortunately very possible that the passengers in the passenger vehicle will lose their lives.
- Unlawful violence: While all wrongful death claims involve someone exhibiting fatal negligence, it’s often the case that the at-fault party did not cause intentional harm. For instance, in car accident cases, the driver who caused the collision may have been driving irresponsibly, but it was likely not their intention to cause an accident. But in some cases, the act is intentional. Some wrongful death claims occur because of intentional and unlawful violence and assault so extreme that it causes death.
If you have lost a loved one and are considering filing a wrongful death claim, consider reaching out to one of our personal injury lawyers. This is the first step in ensuring you recover justice on your loved one’s behalf.
What is The Role of Insurance In Allentown Wrongful Death Lawsuits?
Liability Insurance
As discussed above, there are many cases in which a family’s financial compensation comes from the at-fault party’s insurance policies. This applies to cases involving car accidents, truck accidents, premises liability, and medical malpractice. These are all cases in which the defendant will most likely have some insurance in play: car insurance, homeowner’s insurance, health insurance, et cetera. In these cases, the deceased person’s family members may receive compensation for their losses through the relevant insurance companies. This compensation can cover medical bills, funeral expenses, lost wages, pain and suffering, and more.
Legal Representation
In cases where the defendant has a relevant form of insurance, these insurance companies will typically pay for and provide the defendant with an attorney. This is important, as an insurance provider’s legal representative will always focus on paying out as little as possible. Working with an experienced wrongful death attorney is advisable to ensure you get the compensation and justice you deserve.
Negotiating and Reaching a Settlement
Shortly after the accident, insurance adjusters will begin the process of negotiation. Securing a wrongful death lawyer as soon as possible is essential because they can take the lead on all these discussions and ensure you don’t accept or agree to an unfair settlement. The negotiation process typically includes assessing the extent of the damage — in the case of a wrongful death claim, the damages are incredibly severe. The method also includes determining liability and eventually landing on a settlement everyone can accept.
Why are Allentown Personal Injury Lawyers So Important?
An experienced wrongful death attorney is vital to a successful wrongful death case. Along with the extreme emotional pain a death causes, a wrongful death can also place an immense financial burden on the surviving family members. Working with an attorney who understands the legal process, specifically the ins and outs of Pennsylvania law, will set you up for success.
Some of the ways an attorney can help you include:
- Calculating damages and ensuring you are compensated for all financial losses
- Discover who is at fault for the wrongful death claim in Allentown
- Helping you to understand your legal rights
- Gathering evidence to build a strong case
- Negotiating with insurance companies
- Protecting for you in court, if needed
Contact Munley Law Today
If you have lost a family member to someone else’s negligence, recklessness, or violence, you have our deepest and most heartfelt condolences. We are a family business, and we know that losing a relative or loved one is a devastating and heartrending experience. We cannot bring your loved one back to you, but we can work tirelessly to ensure that you have all the tools you need to seek compensation and justice.
We represent wrongful death victims in the Allentown area, and we take that responsibility very seriously. We advocate for those who can’t advocate for themselves and ensure the responsible parties are held liable. When you work with us, you become part of the family, and you can rest knowing we are fighting tirelessly for both you and your deceased loved one. Our proven track record speaks for itself.
Munley Law is the premier personal injury law firm in the area, and we are ready and waiting to fight for you. Contact us today to schedule a free consultation and learn how we can protect you and your family.
Munley Law Personal Injury Attorneys
609 Hamilton St
Allentown, PA 18101
(610) 857-7424
