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My husband had life insurance that was in effect when he died. Does that mean that a wrongful death case is a waste of time?

It is possible that the life insurance proceeds may affect the damages that you can recover in a wrongful death case, but that doesn’t mean that a wrongful death case is a waste of time. In order to answer that question, we would need to know more about loved one, how your loved one died, and the the terms of the life insurance policy.

Some Factors to Consider

Life insurance policies are typically purchased to provide a family with financial stability should one member of the family die. However, some wrongful death actions may still result in damages even if a family recovers the proceeds from a life insurance policy, because…

  • The policy may be insufficient to cover the loss of all future income. The amount of the policy and the amount that your loved one could have earned had he worked until retirement should be considered.
  • The policy may be insufficient to cover the financial loss of a person’s help at home. The loss of household help, such as cleaning, childcare, and shopping can be significant.
  • You may be able to recover for things that are not covered by the policy. This could include, for example, your loved one’s medical bills prior to death, funeral expenses, and damages for loss of consortium or companionship.

Additionally, a wrongful death claim may hold the person who caused your loved one’s death accountable and deter similar accidents in the future. Life insurance policies don’t do this.

If you have questions about whether or not to file a wrongful death claim if you recover from a life insurance policy then we encourage you to find out more about the wrongful death lawsuit process. You can do that by watching our free videos, reading our free articles, and contacting us directly for a free consultation.

Jason F. Abraham
Managing Partner, Hupy and Abraham