Can you sue someone personally if they don’t have enough insurance in a wrongful death claim? 

Can you sue someone personally if they don’t have enough insurance in a wrongful death claim?

Life is valuable. The family and loved ones of the deceased might experience unfathomable sadness and rage when it is gone too soon. They frequently use the legal system to seek compensation for their loss by filing a wrongful death lawsuit against the person or business they consider responsible for the terrible event. When those defendants have insurance coverage, the handling attorneys and claim specialists must carefully analyze the appropriate policy limitations to come to a fair and just conclusion.

You could be qualified to file a claim against the person who caused the wrongful death. This would ideally include receiving total compensation for all of your losses. The problem is that the insurance policy may have coverage limitations that are lower than the amount of compensation you need. 

Even if it might be possible to get compensation over the insurance policy limitations, doing so is difficult. What you need to know about insurance policy limitations and the amount of your claim is covered here.

Knowing the Limits of an Insurance Policy

There is always a policy limit when a person buys liability coverage. This cap refers to the most money an insurance provider would compensate a policyholder in the event of legal action. 

So if your loved one died in an automobile accident, and the at-fault driver’s insurance has a $25,000 bodily injury coverage policy limit, it would probably not cover all of your damages. But that $25,000 is the most their insurance company is required by law to pay for the wrongful death lawsuit. The remainder of your damages would not be paid by that insurance if the entire amount of your damages exceeded the $25,000 limit. 

wrongful death lawsuit

Filing a wrongful death claim that exceeds the policy limit

You cannot compel an insurance company to pay more than the policy maximum. But you can sue the negligent person for an amount more than the coverage limit of their insurance policy. This would entail bringing a case against the at-fault person. 

The problem is that many people lack the resources to pay for your losses. Even if you win the lawsuit, you might not be able to get the entire sum that was given to you. Lawsuits may be costly and drawn out.

Most of the time, your attorney will negotiate compensation on your behalf with the insurance provider. Unless your attorney determines that filing a lawsuit would be necessary, this may be the best option even if your damages exceed the insurance limitations.

Bringing Legal Action Against Several People

You might be able to sue each party to get their share of the damages if there are several culpable parties in an accident. There may be more responsible people than is initially apparent. For example, there may be product defects that caused the accident. Someone else may have owned the car that caused the death. Or perhaps the wrongdoer was acting on behalf of his company at the time. All these situations could create additional defendants who have the money to pay for your wrongful death lawsuit. Identifying these additional parties is why it is essential to have a wrongful death attorney on your side. 

Hire a Lawyer Specializing in Wrongful Death 

Cases involving wrongful death involve challenging legal processes. It is crucial to hire a lawyer with expertise in issues like this. Only 1,300 lawyers in Texas have the honor of being board certified in personal injury trial law like David P. Willis. He has delivered outstanding results for his clients, and he will put in the same effort for you.

To schedule a private and cost-free consultation for your wrongful death case, call us or use our free online form to get in touch with our legal company right now. You and your family may be entitled to significant monetary compensation for your losses under the law, but you need a wrongful death attorney to file a wrongful death claim on your behalf and to fight for your rights.

Get in touch with us to begin pursuing the compensation you or a member of your family is due following a death in the family. Don’t delay, since the statute of limitations, which is also known as filing deadlines, does apply and begins to run as soon as the accident or death occurs. Make sure you comprehend the statutes of limitations by speaking with a lawyer. Contact us online or by phone at 1-800-883-9858.

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