Insurance Considerations for New Braunfels Wrongful Death Claims

 

The devastating loss of a loved one due to another party's negligence in New Braunfels, Texas creates both emotional and financial hardship for surviving family members. Understanding insurance considerations is crucial when pursuing a wrongful death claim, as various policies may provide compensation channels for the deceased person's medical expenses, funeral costs, lost income, and family members' pain and suffering. Multiple insurance types often come into play, including the at-fault party's liability coverage, the deceased's life insurance, and potentially underinsured/uninsured motorist coverage in vehicle-related deaths. Navigating these complex insurance matters requires careful documentation of damages, understanding of policy limits, and strategic communication with insurance adjusters who may attempt to minimize claim values. Families must also consider how Texas's modified comparative negligence rules could affect insurance settlements if the deceased person was partially at fault for the incident.

Legal Rights and Considerations

Under Texas Civil Practice and Remedies Code Chapter 71, surviving spouses, children, and parents can file wrongful death claims within two years of the death date. Texas follows a "modified comparative fault" system with a 51% bar rule - families can recover damages as long as the deceased was not more than 50% responsible for the fatal incident. Available compensation through insurance claims may include medical expenses before death, funeral/burial costs up to reasonable amounts, lost earning capacity, loss of companionship, and mental anguish. Multiple insurance policies may be applicable, including commercial liability policies for business-related deaths. The Texas Department of Insurance regulates all insurance matters and requires minimum liability coverage of $30,000 per person for bodily injury/death. An experienced New Braunfels fatal injury lawyer will handle all aspects of the legal claim.

Examples of accidents that can lead to a wrongful death claim include:

 

Related Resources

Local Courts:

  • Comal County District Court
  • New Braunfels Municipal Court
  • Texas 22nd Judicial District Court

Support Services:

  • Texas Crime Victims' Compensation Program
  • Comal County Victim Services Division
  • Parents Against Wrongful Death Support Group
  • New Braunfels Grief Support Services

Legal References:

  • Texas Department of Insurance Regulations
  • Texas Civil Practice and Remedies Code
  • Texas Transportation Code
  • Texas Wrongful Death Act Statutes

Return to the New Braunfels wrongful death information page

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