Does Insurance Cover Wrongful Death?

Insurance policies may provide coverage for wrongful death claims, but the amount offered by the insurance company may not fully account for the losses you and your family have suffered. While some policies—such as business liability insurance—may cover wrongful death, they often fall short of compensating for the full extent of damages.

In North Carolina, the legal framework for wrongful death claims is outlined in N.C.G.S. § 28A-18-2. This statute allows the personal representative of the deceased person’s estate to bring a claim on behalf of the surviving family members. The statute specifies that damages may include compensation for the decedent’s medical expenses, funeral costs, and the pain and suffering endured by the surviving family members

A wrongful death lawyer can be a critical advocate for your family, helping to determine the cause of your loved one’s passing and whether negligence played a role.

Negligence and Wrongful Death Cases

Negligence happens when someone doesn’t act as carefully as a reasonable person would in a similar situation or does something a reasonable person would avoid. If a loved one’s death is caused by negligence, you may have the right to file a wrongful death claim.

Some common examples of negligence leading to wrongful death include:

• Car accidents: Negligent driving behaviors such as speeding, tailgating, distracted driving, or driving under the influence.
• Premises liability: Property owners failing to maintain safe conditions, including unmarked wet floors, broken handrails, or inadequate security measures.
• Medical malpractice: Errors or reckless care by medical professionals or facilities, resulting in fatal consequences.
• Fires: Preventable hazards such as poor electrical wiring or unsafe kitchen conditions causing deadly fires.
• Toxic exposure: Failing to address hazards like radon or asbestos, leading to fatal diseases.
• Defective products: Manufacturers producing faulty products—such as malfunctioning airbags—that cause death.

If your loved one’s passing reflects any of the situations above and you suspect negligence played a role, a wrongful death lawyer can help you navigate the legal process to pursue justice and compensation.

For a free legal consultation, call Whitley Law Firm at (919) 785-5000.

How a Wrongful Death Lawyer Can Help

If negligence is a factor in your loved one’s death, a wrongful death lawyer can help you pursue compensation for both economic and non-economic losses. At Whitley Law Firm, our team is dedicated to handling every aspect of your case, so you can focus on healing.

Some ways we can assist include:

• Filing your case and managing all legal procedures.
• Gathering evidence, including medical records and expert opinions, to prove negligence.
• Collecting testimony from witnesses to support your case.
• Advocating for your right to fair compensation throughout the legal process.

If an insurance policy covers wrongful death but does not fully compensate for your family’s losses, a wrongful death lawyer can explore additional avenues for pursuing justice and financial recovery.

Compensation for Wrongful Death Claims

The compensation available in a wrongful death case depends on the circumstances, but it may include:

• Medical expenses incurred before death.
• Lost income and future earning potential of the deceased.
• Funeral and burial costs.
• Loss of companionship, guidance, and emotional support.
• Counseling for surviving family members.
• Pain and suffering endured by the deceased and their loved ones.

A wrongful death lawyer at Whitley Law Firm can evaluate your losses and fight for the compensation your family deserves.

Contact Whitley Law Firm Today

At Whitley Law Firm, we know how devastating the loss of a loved one can be. We are here to help you seek justice and hold negligent parties accountable. For more information about wrongful death, explore this list of Frequently Asked Questions.

Call us at (919) 785-5000 or fill out our online contact form for a free consultation. We work on a contingency fee basis, so you pay nothing upfront—we only get paid if we secure compensation for your case. Let us fight for the justice your loved one deserves.