The Role of Life Insurance in Wrongful Death Settlements
When an individual’s reckless or negligent behavior causes the death of a loved one, you may have questions about what might happen to the deceased’s life insurance benefits. It is important to be aware of your legal rights, and the compassionate attorneys at Tomeny | Best could help.
In Louisiana, wrongful death settlements are typically treated separately from death benefits, so life insurance benefits would not affect any compensation awarded in court. Contact our office today to learn more about the role of life insurance in wrongful death settlements and how we could help you with your claim.
What Are the Goals of a Wrongful Death Lawsuit?
You might choose to file a wrongful death lawsuit to recover damages related to the untimely loss of your loved one. This civil action could lead to a settlement that may compensate you and other surviving family members for the cost of the funeral and other special damages. You may also be entitled to general damages, such as emotional suffering. The responsible party’s auto or liability insurance could likely pay your wrongful death claim, regardless of the life insurance benefits you may have received.
There is a high burden of proof for punitive damages in Louisiana. However, in certain cases of gross negligence, such as drunk driving, a successful claim could be possible. The resolute attorneys at Tomeny | Best may argue that the court should punish the defendant for their willfully negligent behavior. We could show the judge and jury that the other party has a strong likelihood of committing future harm to others. For example, someone who has a long history of operating a vehicle while intoxicated may cause another accident.
What Is the Purpose of Life Insurance?
Life insurance provides financial support for families after a death. This is true whether you are the beneficiary of someone who passed away due to natural causes or an accident. The purpose of this contractual benefit is to help family members cover funeral expenses and provide financial support so you can maintain your current lifestyle.
Your insurance benefits are not considered during a wrongful death lawsuit, regardless of the amount of life insurance your loved one purchased. In a wrongful death claim, the deceased’s life insurance company usually cannot recover any paid benefits from the party at fault.
Contact an Experienced Wrongful Death Attorney if You Have Questions About Life Insurance
It is important to act quickly because you have only two years to file a wrongful death claim. If you need help with understanding the role of life insurance in wrongful death settlements, call the knowledgeable team at Tomeny | Best for advice that is specific to your case. We are sympathetic to what your family is going through, and we are here to help.
