Some insurance companies include a double indemnity clause in the policy. This simple clause can do a big thing. The policy’s beneficiary can receive double the amount if the insurer’s death is ruled an accident. However, before you start mentally spending the insurance money, take a deep breath.
Double indemnity must be included in the policy. Even then, there’s no guarantee the insurer will pay out. Before you can even start looking at navigating accidental death for double indemnity clauses, you need to file a wrongful death claim.
What is a Wrongful Death Claim?
If you lose a loved one in an accident caused by someone’s negligence, recklessness, or criminal actions, you may be able to file a claim to recover financial compensation. Your claim is against the at-fault individual’s insurance provider.
Sometimes, the claim turns into a wrongful death lawsuit and this is filed in civil court. Most wrongful death claims are settled out of court before turning into a lawsuit. However, if you can’t reach an agreement with the insurance provider or gross negligence caused the accident, you’ll probably move to file a lawsuit.
With a lawsuit, the judge or jury decides if you should receive compensation for your loss. The court is also responsible for handing out punitive damage awards that may be appropriate in cases involving gross negligence.
Gross negligence occurs when the at-fault party’s actions either willfully or recklessly take the life of another person. An example of gross negligence can be driving an 18-wheeler while intoxicated or deciding to race another driver on a busy street. If an accident resulting in fatalities occurs in either scenario, gross negligence often applies.
Your claim must also meet the Alabama wrongful death statute guidelines. These are guidelines dictating when a wrongful death claim is applicable in an accident involving a fatality. Some types of accidents that fall under the statute include:
- Car accident deaths
- Bicyclist and pedestrian deaths
- Medical malpractice
- Dog attacks
- Fire
Some crime-related deaths can also be covered by the statute. To learn more about the types of accidents covered under the state’s wrongful death statute, it’s a good idea to talk to an experienced personal injury attorney.
Who’s Eligible to File a Wrongful Death Claim?
Sometimes it doesn’t matter how close you were to the deceased, it may not mean you can file a wrongful death claim. Alabama, like most states, has strict rules governing who can bring a wrongful death claim.
The surviving spouse is eligible, along with the deceased children. If the deceased isn’t married and doesn’t have children, their parents or siblings can often file a wrongful death claim. If the deceased has named an estate executor or one is put in place by the court, this individual can file a claim on behalf of the estate.
Something to note is only one family member can file a wrongful death claim. So, if the decedent’s spouse files a claim, their surviving child or parents can’t do the same.
Pay Attention to the Statute of Limitations
Your grief over the loss of a loved one can be debilitating. The last thing you want to think about is meeting with an attorney. While it’s understandable you need time to grieve, the clock’s also ticking on the time you have to file a wrongful death claim.
The statute of limitations in Alabama is two years from either the date of the accident or your loved one’s death. How can the dates vary? If your loved one doesn’t pass away immediately from their injuries, the statute of limitations doesn’t kick in. Even though you have three years in Alabama, it’s not necessarily the same in other states. You may only have two years to file a wrongful death claim.
The timeline may be even shorter if you’re filing a wrongful death claim against a government entity. Sometimes, you only have as little as six months to start the claim process.
If you’re wondering about exceptions to the rule, this isn’t something you want to count on. Minors may be able to temporarily pause the statute until they turn 18. If the defendant can’t be located, the statute may also be paused.
The defendant must be served with a letter of intent for your claim to move forward. However, sometimes this requirement can be waived by the court. Every wrongful death claim is unique and what applies to one may not work for yours.
Potential Recoverable Damages
Most wrongful death claims include both economic and non-economic damages but remember every case is different. Your economic damages typically include things like medical expenses and funeral costs.
If the deceased is the primary earner in the family, economic damages can include a loss of financial support. You may also be able to list a loss of economic benefits like insurance and even your estimated inheritance.
Your wrongful death claim may even list non-economic damages like emotional distress and a loss of companionship. The surviving spouse may even be able to claim a loss of consortium. Working with an attorney can make it a little easier to list and calculate your damages.
How Is Compensation Awarded?
After settling your wrongful death claim, it’s time to think about how the compensation is awarded. Every state is a little different, but if the claim is filed in Alabama compensation is first dispersed to the surviving spouse.
If the deceased is survived by children and or grandchildren, compensation is divided. The spouse typically receives half and the rest goes to the children and grandchildren. If the spouse is also deceased, compensation is divided between the surviving children and grandchildren.
Don’t Go Through a Wrongful Death Claim Alone
Trying to navigate double indemnity in a wrongful death claim can be complicated and you’re already dealing with your loss. Talk to an Alabama wrongful death attorney about your claim and let them handle the legal process so you can focus on recovering from your sudden loss. Your wrongful death lawyer can also explain if you meet the insurance company’s criteria for receiving double indemnity.
