Homeowners insurance covers many types of damages from accidents, fires, and other issues. In many cases, homeowners insurance could pay you damages if a loved one died in an accident. The property owner is often liable if negligence on their property injuries you or kills a loved one, and you may be able to claim compensation through their insurance policy. Talk to a lawyer if a loved one was killed in an accident for help understanding the best way to get compensation to support your family. Fayetteville, Arkansas wrongful death lawyer Ken Kieklak may be able to help. Call today for a free consultation.
When Does Homeowners Insurance Pay for Death?
The details of what is covered by homeowners insurance come down to the specific terms of the policy in question. Your homeowners policy may cover different types of accidents or different types of negligence than what the defendant’s policy covers, so it is always important to discuss the specifics of your case with a lawyer. However, homeowners insurance policies do typically cover death from premises liability accidents.
A property owner is responsible for keeping their property safe. Collapsing railings, slippery sidewalks, and exposed wiring can create serious risks of injury. Many of these injuries can even be fatal if a victim suffers traumatic brain injury or another catastrophic injury. Whenever a victim is injured because a property owner failed to keep their property safe, that victim may be entitled to compensation from the homeowner. If the accident kills a victim, the compensation could be substantial.
If you lost a loved one to an accident on someone else’s property, such as a drowning accident or electrocution from exposed wiring, you may be able to sue the homeowner. Under most policies, their homeowners insurance may cover the damages. This allows you to get the compensation you and your family needs even if the property owner cannot afford to pay you out of pocket.
Does My Homeowners Policy Cover Accidental Death Off My Property?
Homeowners insurance policies come with many options. Some policies may include coverage that extends far beyond covering damage and injuries that occur on your property, and they may even extend to cover accidental injuries and wrongful death that you or your family faces outside your property.
To get additional coverage under your homeowners policy, you may need to have an extended policy typically known as “umbrella insurance.” These policies pay you damages for car accident injuries and other serious accidents that happen off your property. This may even include coverage for accidental death, no matter where it occurs. Some of these things are covered by other types of insurance – such as auto insurance – but a homeowners umbrella policy might pay additional damages beyond the limits of those other policies.
If you lost a loved one in an accident, the first person to pay for damages should the be the responsible party. However, you may be able to supplement these damages by filing a claim with your homeowners insurance. Talk to an injury lawyer about whether this is the right move in your case and what benefits you should be entitled to.
Should I Accept an Insurance Payment for a Loved One’s Death?
In many cases, the owner of the property where the accident took place could be responsible for the death of your loved one. This means that the law can hold them accountable and make them pay any damages you and your family suffered. Filing through insurance instead of taking your case to court is an option, but in many cases, insurance pays reduced damages.
Insurance policies tend to have a few limitations on the damages they pay. First, the policy may have an upper limit barring damages above a certain cost. Second, insurance policies may cover only a certain percentage of the damages you face, leading to less than full compensation for damages. Lastly, insurance may refuse to pay benefits for certain types of damages, such as pain and suffering that the victim faced before death.
When you file a case in court instead of filing through insurance, the jury can order 100% of any damages you faced. This means you can sue for pain and suffering damages, the full cost of medical expenses, and other damages that insurance might not cover. Who pays the damages is a problem between the defendant and their insurance company, not something you should have to worry about.
Talk to an attorney about how to maximize the damages you are entitled to by filing a lawsuit in court after a loved one’s accidental death.
Call Our Fayetteville Wrongful Death Lawyers for Help with Your Case
If you lost a loved one to an accident on someone else’s property, it is important to seek legal guidance from an experienced personal injury and wrongful death attorney. Fayetteville personal injury lawyer Ken Kieklak represents the families of accident victims and fights to get them the support they need to cover medical expenses, lost wages, funeral expenses, and other damages for wrongful death cases. To schedule a free, confidential consultation with Ken Kieklak, contact our law offices today at (479) 439-1843.