If you receive life insurance proceeds, can you still pursue a wrongful death claim on behalf of a loved one?Wrongful death claims in Texas are when somebody dies as a result of somebody else’s negligence. The family of the person that died has a right to bring a claim. Sometimes the person that died has life insurance and this family is the beneficiary, or they receive the life insurance proceeds. So the question comes up, “If you receive life insurance proceeds, can you still pursue a wrongful death claim?”
The answer is absolutely, yes. One has nothing to do with the other. Life insurance is what’s called a collateral source – it has nothing to do with the negligence or accident that caused the death and it is not even admissible should your case go to trial. If you have lost a loved one, if you child or spouse or parent has died as a result of someone else’s negligence, you have the right to bring a wrongful death claim in Texas against the responsible party – even if you have life insurance.