One of the more difficult situations homeowners face is if an individual dies on their property. Depending on how this happens, insurance companies could refuse to pay for the loss because it was a result of negligence.
Some rules determine whether or not the policyholder will be responsible for coverage in this case, but they vary by state.
Lytal, Reiter, Smith, Ivey & Fronrath is a full-service law firm practicing in the areas of wrongful death, car accidents, and other personal injury claims throughout Florida.
If someone dies because of an accident or as a result of negligent upkeep of your property, we can help you. Contact our premises liability lawyers today.
What is wrongful death?
Wrongful death is the legal term for when someone dies as a result of another party’s negligence or wrongdoing. This can include work-related accidents, car crashes, and fatalities caused by criminal activity. It also includes deaths caused by medical malpractice.
The law treats these cases differently than other types of claims.
To win a wrongful death claim, it must be proved that the party who caused the death acted negligently or purposefully in some way.
This means an insurance company will consider wrongful death differently than other claims. As it is a form of personal injury law and an issue of negligence, there can be issues about coverage in homeowners insurance policies.
Premises Liability and Wrongful Death
Homeowner’s insurance policies sometimes provide liability protection for accidents that take place on the property.
There are two basic types of premises liability: negligent conditions and defective conditions. Negligent conditions encompass any type of faulty or dangerous situation on the property, while a defect is a condition with an unreasonably high risk of potential harm.
In situations involving negligent conditions, if someone is hurt on the property, the homeowner can be held liable for their injuries.
If a person dies from an accident that took place on your property, your insurance company may try to avoid paying for wrongful death claims by arguing that there was no negligence involved.
What is covered by homeowner’s insurance?
Homeowner insurance policies vary, but most include coverage for natural disasters and other risks associated with living in a home.
The majority of homeowner’s insurance also covers liability and medical payments.
Liability protects the policyholder against damages or injuries they cause to others as a result of their negligence. Medical payments protection is similar, but helps cover the costs of medical treatment for the policyholder and others who live in the home.
Does homeowner’s insurance cover wrongful death?
Most homeowner’s insurance policies do not include coverage for wrongful death.
This is because most people purchase liability protection within their homeowner’s policies, which includes coverage for any personal injury claims they might face as a result of their negligence.
However, this doesn’t stop an insurance company from attempting to avoid paying for wrongful death claims. Even if liability coverage is included, they’ll still try to find any reason they can not pay for the claim.
Liability coverage is usually defined within homeowner’s policies as protection for any injury or damage done by the policyholder to others or their property.
When it comes to wrongful death claims, this usually includes any non-accidental injury or homicide committed by the policyholder.
Homeowner’s insurance policies also cover any injuries that occur on your property and liability protection can extend to “premises liability,” which is responsibility for actions that take place within the home.
If someone dies on your property, whether it is due to your negligence or a tragic accident, you should contact a wrongful death attorney immediately.
The Lytal, Reiter, Smith, Ivey & Fronrath wrongful death attorneys are knowledgeable about all aspects of these types of claims and have helped many families deal with the loss of a loved one.
We provide free consultations for wrongful death cases so you can learn more about your options before taking any legal action.
Types of Damages in Wrongful Death Cases
There are a number of damages you can be compensated for when someone dies due to another person’s negligence. One of the most common categories of compensation is for medical bills, funeral expenses, and care-related costs before their death.
This can also include pain and suffering that resulted from your loved one’s death. The family of the deceased can make claims for compensation for the income and care that the deceased provided to their household.
If the loss of a loved one caused you to suffer from psychological conditions such as post-traumatic stress disorder (PTSD), you can file a claim for compensation.
Another common type of damage is loss of companionship. This includes any time spent with your lost loved one and any mental anguish brought on by their death.
Claims involving wrongful death almost always result in a settlement or award. The Lytal, Reiter, Smith, Ivey & Fronrath law firm has helped many families get the compensation they need to deal with their loss.
Contact a Skilled Wrongful Death Attorney Today
When someone dies due to the negligence or carelessness of another person, you may be able to file a wrongful death claim.
The Lytal, Reiter, Smith, Ivey & Fronrath law firm has helped many families recover the compensation they need to rebuild their lives.
We provide free consultations for wrongful death claims so you can learn more about your options before taking any legal action.
For more information on wrongful death claims, please contact us today for a free case review.