TL;DR:
Insurance plays a central role in wrongful death cases, often determining how much compensation a family can recover. Insurers assess policy limits, liability, and evidence before making settlement offers. Negotiating with insurance companies requires legal expertise to ensure victims receive a fair payout.
Key Highlights:
- Types of Insurance: Auto, medical malpractice, business liability, and homeowner’s insurance may be involved.
- Policy Limits: Compensation is often capped based on the at-fault party’s coverage.
- Determining Liability: Insurers investigate fault and may attempt to reduce payouts.
- Negotiation Challenges: Insurance companies may undervalue claims or delay settlements.
- Legal Representation: Attorneys help counter lowball offers and push for full compensation.
- Litigation as a Last Resort: If negotiations fail, families may need to take the case to court.
Insurance plays a crucial role in wrongful death claims, often determining how much compensation a grieving family can recover. In Georgia, wrongful death cases commonly involve multiple types of insurance coverage, including auto liability insurance, homeowners’ insurance, business liability policies, and even uninsured/underinsured motorist (UM/UIM) coverage. Understanding how these policies work is essential for securing fair compensation.
According to the Georgia Office of Highway Safety, there were 1,797 fatal crashes in Georgia in 2022, many of which led to wrongful death claims. Additionally, workplace accidents and medical malpractice cases contribute to numerous wrongful deaths annually. Navigating the complexities of insurance coverage, policy limits, and negotiation tactics can be overwhelming for grieving families.
This guide will walk you through the role of insurance in Georgia wrongful death cases, explaining the process step by step to help you understand what to expect and how to protect your rights.
Step 1: Identifying the Relevant Insurance Policies
The first step in any wrongful death case is determining which insurance policies apply. Several types of insurance may provide compensation:
- Auto Liability Insurance – If the wrongful death resulted from a car accident, the at-fault driver’s liability insurance typically covers damages. Under O.C.G.A. § 33-7-11, Georgia law requires drivers to carry a minimum of $25,000 per person and $50,000 per accident in bodily injury coverage.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage – If the at-fault driver lacks sufficient insurance, the deceased’s own UM/UIM policy may provide compensation.
- Homeowners’ or Renters’ Insurance – If a wrongful death occurs due to negligence on someone’s property (e.g., a dog attack or a drowning), the homeowner’s liability insurance may cover the claim.
- Commercial Liability Insurance – If the wrongful death was caused by a business, such as a trucking company or medical facility, their commercial policy may apply.
- Workers’ Compensation Insurance – In workplace fatalities, Georgia’s Workers’ Compensation Act (O.C.G.A. § 34-9-265) provides death benefits to dependents.
Step 2: Filing a Wrongful Death Claim with the Insurance Company
Once the relevant insurance policies are identified, the next step is filing a claim. This process involves:
- Submitting a formal claim to the at-fault party’s insurance company
- Providing evidence of negligence (police reports, medical records, and witness statements)
- Presenting proof of damages, including medical expenses, lost wages, and funeral costs
- Requesting policy limits information to determine available coverage
Insurance companies often try to minimize payouts, so having a qualified wrongful death attorney handle the claim ensures the best chance of receiving fair compensation.
Step 3: Understanding Policy Limits and Payout Restrictions
Every insurance policy has coverage limits, which can significantly impact the compensation amount. In Georgia, the minimum liability limits for auto insurance are $25,000 per person and $50,000 per accident (O.C.G.A. § 33-7-11). However, many serious wrongful death cases exceed these limits.
If policy limits are too low to cover the full extent of damages, families may need to:
- Pursue additional claims against multiple parties (e.g., an employer, manufacturer, or government entity)
- Use stacked UM/UIM coverage if multiple vehicles are insured under the same policy
- File a lawsuit to seek additional compensation from personal assets
Step 4: Negotiating with the Insurance Company
Insurance companies prioritize minimizing payouts. Some common tactics they use include:
- Delaying the claims process in hopes that the family will accept a low settlement
- Denying liability by arguing that the deceased was partially at fault
- Offering quick settlements that are far below the case’s true value
An experienced Atlanta wrongful death lawyer will negotiate aggressively to ensure families receive fair compensation.
Step 5: Pursuing Litigation If the Insurance Company Refuses to Pay
If an insurance company refuses to offer a fair settlement, filing a lawsuit may be necessary. The legal process typically involves:
- Filing a wrongful death lawsuit in Georgia courts
- Conducting discovery, where evidence is exchanged between both parties
- Engaging in settlement negotiations or mediation
- Going to trial if no fair settlement is reached
Under O.C.G.A. § 51-4-2, Georgia law allows surviving family members (spouse, children, or parents) to seek compensation for the “full value of the life” of the deceased.
Step 6: Receiving the Settlement or Verdict Payment
If a settlement is reached, or a court issues a verdict, the insurance company must pay the awarded amount. Payments can be made in:
- Lump sum settlements – A one-time payment covering all damages
- Structured settlements – Periodic payments over time
- Trial verdicts – If a jury rules in favor of the plaintiff, the insurance company (or at-fault party) must pay the awarded amount
If the insurance company fails to pay, legal action may be taken to enforce the judgment.
How Our Wrongful Death Lawyer Can Help You
Dealing with insurance companies after a wrongful death can be overwhelming, especially when grieving the loss of a loved one. Our experienced Atlanta Personal Injury Lawyer can help by:
- Investigating the case to identify all available insurance policies
- Negotiating with insurers to maximize compensation
- Filing a wrongful death lawsuit if the insurance company refuses to pay
- Ensuring all legal deadlines are met to protect your claim
If you need legal guidance, contact us for a free evaluation.
Conclusion
Insurance plays a significant role in Georgia wrongful death cases, determining how much compensation a family can recover. From identifying applicable policies to negotiating settlements, understanding the insurance process is crucial to securing fair compensation.
If you’ve lost a loved one due to negligence and need assistance dealing with insurance companies, contact us for a free evaluation.
