The insurance company representing the at-fault party may need to pay for your spouse’s funeral after a car accident in Indiana. An Indianapolis wrongful death lawyer will need to assess your situation to find the liable party and hold them accountable.
The insurance company may need to cover other losses faced by your family after a fatal crash. In some cases, the company may refuse to pay for these damages. In this situation, your attorney may help with a wrongful death lawsuit against the responsible party.
When Will Insurance Pay for Your Spouse’s Funeral After a Car Accident?
An insurance company may need to pay for your spouse’s funeral if an Indianapolis car accident lawyer can show that the driver covered by the insurance policy caused the fatal accident. An attorney may need to establish that:
- Another motorist owed your spouse a duty of care
- The other driver failed to uphold that duty
- The other driver’s actions directly resulted in the loss of your spouse
Your lawyer will need to quickly investigate the causes of the accident to build an insurance claim, so it’s crucial you get legal help in the aftermath of a fatal collision.
Other Losses Covered by the Insurance Company
The insurance company representing the driver responsible for the loss of your spouse may need to cover other losses sustained by your family, including your spouse’s medical and burial expenses.
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How Much Will the Insurance Company Pay for Your Spouse’s Funeral?
The damages available through an insurance claim will vary in the aftermath of a fatal accident. For example, the other driver’s insurance policy may not cover all of the losses your family faces.
Indiana’s insurance requirements state that motorists must carry a minimum of $25,000 in insurance for bodily injuries or the death of one individual, which may not leave funds left over to cover funeral costs after paying for your spouse’s medical treatment.
An Indianapolis personal injury lawyer can assess your family’s situation and provide more exact information about the damages you could receive. An attorney can also determine if the insurance company will pay for your spouse’s funeral after a car accident.
How Long Will It Take for Insurance to Pay for Your Spouse’s Funeral?
The time it takes to get compensation from an insurance company after a fatal car accident varies. Insurance companies often try to stall payments or even outright deny claims. Your attorney can take steps to counter insurance company tactics.
You may receive payment for a funeral after a period of negotiations between your lawyer and the insurance company. These negotiations may take several months. However, the company may try to drag them out much longer.
Can You Sue Someone to Pay for Your Spouse’s Funeral?
You may file a wrongful death lawsuit against the party responsible for the loss of your spouse in some cases. An attorney may explore this option if the liable party’s insurance coverage is insufficient to cover your losses or if the insurance company refuses to negotiate fairly.
Note that Indiana only allows a personal representative for the deceased to file a wrongful death lawsuit. Your spouse may have selected you or another person as this representative. A lawyer can assess your situation and provide more information.
Damages Available Through a Wrongful Death Lawsuit
Your family may secure damages from the party responsible for the loss of your spouse through a lawsuit. Depending on your family’s situation, you may qualify for funds to cover your spouse’s medical, funeral, and burial expenses.
Additionally, a wrongful death lawsuit may cover the loss of your spouse’s:
- Future earnings
- Guidance and training
- Love, care, and affection
Some of these damages will go directly to your spouse’s estate. Other funds will go directly to you, your children, or your spouse’s dependent relatives.
How Long Does a Wrongful Death Lawsuit Take?
A lawsuit after a fatal car accident may take a year or more to resolve. The lawsuit must go through the court system and may require multiple hearings, increasing the time it takes to resolve the legal process.
However, lawsuits provide another option to get damages for your family, especially if the liable driver’s insurance company refuses to treat you fairly. You can discuss all of the options available to your family after the loss of a spouse with a legal professional.
Learn More About Insurance Claims for a Spouse’s Funeral After a Crash
Will the insurance company pay for your spouse’s funeral after a car accident? The company may have to cover these losses after negotiations with your attorney. You can learn more about your legal options after a fatal accident with our team at Vaughan & Vaughan.
We have over 110 years of legal experience and can compassionately assist you. Call or fill out our online contact form to find out more.
