When dealing with the aftermath of a wrongful death in Fort Lauderdale, one common question that arises is how life insurance policies affect wrongful death claims. Understanding the intersection between life insurance benefits and wrongful death lawsuits is crucial for families seeking compensation and closure after losing a loved one.
Our compassionate Fort Lauderdale wrongful death attorneys will help you understand your legal options and ensure your rights are protected throughout the process. Contact us online or call (561) 655-1990 today.
Understanding wrongful death claims and life insurance in Fort Lauderdale
How wrongful death claims work
A wrongful death claim in Fort Lauderdale is a civil action that holds a person or entity legally liable for causing death due to negligence or intentional harm. Under Florida Statutes Section 768.19, the personal representative of the deceased’s estate can file such a claim on behalf of the estate and surviving family members. The compensation sought in wrongful death cases can cover medical expenses, funeral costs, loss of income and support, loss of companionship, and pain and suffering.
Role of life insurance
Life insurance is a contract between the policyholder and the insurance company, where the insurer agrees to pay a designated beneficiary a sum of money upon the insured person’s death. Life insurance aims to provide financial security and support to the beneficiaries independent of any legal proceedings.
Interaction between life insurance and wrongful death claims
No direct impact on claim
Life insurance does not directly affect the validity or the amount of compensation awarded in a wrongful death claim. Settlements or jury awards in wrongful death cases are calculated based on the economic and non-economic damages resulting from the death, without consideration of any life insurance payouts the beneficiaries have received. This is because wrongful death settlements compensate for the losses caused by the death, while life insurance serves as a pre-arranged financial benefit.
Non-subrogation of life insurance benefits
Life insurance benefits are generally not subject to subrogation. This means that, unlike some health insurance policies, life insurance companies do not have the right to participate in a wrongful death lawsuit settlement or judgment to recoup the benefits they have paid out.
Disclosure in legal proceedings
While life insurance benefits are typically confidential and not disclosed during wrongful death lawsuits, it is crucial to consult with a knowledgeable attorney about how any received benefits might be perceived or need to be reported during the litigation process.
Legal considerations
When planning your steps after the wrongful death of a loved one in Fort Lauderdale, it’s essential to consider both the wrongful death claim and any life insurance policies.
Consult an experienced wrongful death attorney in Fort Lauderdale
Navigating the complexities of wrongful death litigation while dealing with the emotional toll of a loved one’s death can be overwhelming. An experienced wrongful death attorney can provide guidance, represent your family’s interests, and ensure that all potential sources of compensation are pursued effectively.
Understand the policy terms
Be aware of the terms and conditions of the life insurance policy, including any clauses that might affect the payout based on the circumstances of the death.
Coordinate claims
Although they are independent of each other, coordinating the claims can ensure that financial needs are met while the wrongful death lawsuit is pending.
Lytal, Reiter, Smith, Ivey & Fronrath is here to help
While life insurance provides financial support to the beneficiaries regardless of the cause of death, a wrongful death claim seeks compensation directly related to the negligence that resulted in the death. Both are crucial for financial stability and justice, but they operate independently.
If you are dealing with a potential wrongful death claim in Fort Lauderdale, contacting Lytal, Reiter, Smith, Ivey & Fronrath can help you understand your legal options and protect your rights. Contact us online or call (561) 655-1990 today.
