Facing Insurers Alone? How a Wrongful Death Lawyer Can Advocate for You
Losing a loved one is an incredibly difficult experience for anyone. When that loss is due to someone else’s negligence, it can feel even more overwhelming. Hiring a Beverly Hills wrongful death lawyer can be beneficial in these tragic events.
It can get worse when dealing with insurance companies after a wrongful death. Insurers often employ tactics aimed at minimizing the compensation you get. These practices can be frustrating during an already challenging time. Fortunately, a wrongful death lawyer has all the necessary skills to deal with such an issue.
Quick Summary:
- Wrongful death claims arise from negligence or intentional actions causing a person’s death. Its elements include the deceased’s death, negligence, surviving family members, and demonstrable damages.
- The common causes of wrongful death include motor vehicle accidents, medical malpractice, and more. Families face emotional distress and financial strain, including loss of income and funeral costs.
- Insurance companies often minimize payouts by denying liability and making lowball offers. Hiring a wrongful death lawyer can help individuals negotiate on equal terms, as lawyers advocate for fair compensation.
What Constitutes a Wrongful Death Claim?
In California, wrongful death is defined under the California Code of Civil Procedure Section 377.60. Specifically, a wrongful death claim is raised when a person dies due to the negligent or intentional actions of another party.
The important elements that must be established in a wrongful death claim include:
- Death of a Person: The individual must be deceased.
- Negligence or Intentional Act: The death must be caused by another party’s negligence or wrongful act.
- Surviving Family Members: The claim must be brought by the deceased’s heirs or beneficiaries.
- Damages: The surviving family members must demonstrate that they have suffered damages due to the death.
The deceased’s family members or representatives usually take this legal action. The relatives will get compensation for the emotional and financial losses from the death.
However, it is essential to note that wrongful death cases are civil lawsuits. They are distinct from criminal cases. Finally, they do not require proof of criminal intent. There can also be several causes attributed to a wrongful death.
What are the Common Causes of a Wrongful Death?
Several factors can commonly lead to wrongful death claims. Each situation presents specific differences to anyone experiencing wrongful death. The legal implications can also be overwhelming for those grieving. Wrongful death is commonly caused by:
- Motor Vehicle Accidents: Car, truck, and motorcycle accidents are the leading causes of wrongful deaths. They often result from reckless driving, DUI incidents, or violations of traffic laws. Weather conditions can also increase the chance of accidents.
- Medical Malpractice: Deaths resulting from negligent medical care are covered in this category. This can include surgical errors or misdiagnoses. Healthcare providers must always follow accepted standards of care. Otherwise, their failure can lead to the wrongful death of a patient.
- Workplace Accidents: Unsafe working conditions or employer negligence can result in fatal workplace incidents. Workplace accidents are a significant cause of wrongful death. This is most apparent in jobs that involve manual labor and hazardous environments.
- Defective Products: Deaths caused by unsafe or faulty products can lead to a wrongful death claim. These claims are made against manufacturers or sellers for wrongful death. Though rarer than other causes, it can still be a significant reason to file a claim.
- Criminal Acts: Homicides or violent crimes will result in wrongful death claims. The victims’ families will file this against the responsible parties. Wrongful death differs from manslaughter as the latter does not need intent to be proven.
What Insurance Claims are Obtainable After Wrongful Death?
In wrongful death cases, various types of insurance can provide coverage to the families of deceased individuals. Various types of insurance coverage can be relevant in wrongful death cases, including:
- Liability Insurance: This is held by individuals or businesses found liable for causing a wrongful death. It covers damages awarded to the deceased’s family, including medical expenses, lost wages, and pain and suffering.
- Life Insurance: If the deceased had a life insurance policy, beneficiaries may file a claim to receive benefits. These can help cover funeral costs and provide financial support.
- Uninsured/Underinsured Motorist Coverage: This type of coverage is important in fatal car accidents where the at-fault driver lacks sufficient insurance to cover damages. It allows victims’ families to claim compensation from their own insurance policies.
How Do Insurance Companies Evaluate Wrongful Death Claims?
Insurance companies evaluate wrongful death claims through a systematic process. This process, however, minimizes their financial exposure. It can reduce the value of the insurance they provide to grieving families. They evaluate through the following methods:
- Investigation: Insurers conduct thorough investigations to assess the validity of the claim. This involves reviewing evidence, such as police reports, medical records, and witness statements.
- Determining Liability: Insurers analyze the circumstances surrounding the death to establish whether their insured party was at fault and to what extent.
- Valuing Damages: The evaluation includes calculating both economic damages and non-economic damages. Insurers often dispute claims by emphasizing weaknesses in the evidence or arguing for lower valuations.
What Challenges Families Face When Dealing with Insurers?
Families processing their wrongful death claims often encounter several challenges when dealing with insurance companies. These can usually make an already challenging time even more difficult:
- Minimization Tactics: Insurers frequently use strategies to reduce payouts. They may dispute the claim’s value or question the relationship between the insured’s actions and the victim’s death.
- Emotional Toll: The grieving process can make it difficult for families to engage with insurers effectively, who almost always prioritize profit over compassion.
- Complexity of Negotiations: Settlement negotiations can be complex without legal representation. Many families need to learn how to assess their claim’s worth, and they may also need to negotiate better with insurance adjusters.
- Legal Representation Needs: The importance of having a knowledgeable wrongful death attorney cannot be overstated. They help families understand complex legal frameworks and alleviate burdens by managing insurer communications.
Who Can File a Wrongful Death Claim?
Grief and loss are not the only issues that exist after a wrongful death. Surviving family members may face financial hardships. This causes them to be uncertain about their future and can make them financially unstable for a long period of time.
Knowing who is eligible to file a claim is important for those seeking justice. It also allows them to get the compensation they deserve. In California, specific individuals are eligible to file a wrongful death claim. These include:
- Spouses and Domestic Partners: The deceased’s spouse or registered domestic partner has the primary right to file a claim.
- Children: The surviving children of the deceased can also file claims. If no surviving children are present, grandchildren may be eligible.
- Dependents: If no direct descendants exist, other family members financially dependent on the deceased, such as parents or siblings, may have the right to file a claim.
What is the Process of Filing an Insurance Claim After a Wrongful Death?
When filing an insurance claim, it is best to gather the necessary documents first. Collecting the required documents beforehand helps prevent delayed processes. The following documents are required:
- Death Certificate: This is essential as it officially confirms the death and is often required by insurers to process claims.
- Medical Records: These documents provide evidence of the deceased’s medical history, treatment, and circumstances leading to death, which are used for establishing liability.
- Accident Reports: If the death resulted from an accident, police or incident reports are necessary to detail the event’s circumstances.
- Insurance Policy Documents: The relevant insurance policy must be reviewed to understand coverage limits and exclusions.
- Claim Form: You must complete a formal claim form detailing the nature of the claim and the requested compensation.
- Proof of Relationship: Documentation proving the claimant’s relationship to the deceased may also be required. These can include marriage certificates and birth certificates.
Notify the Insurance Company
Once you have gathered the necessary documentation, notify the relevant insurance company. This can be done through a formal notice of claim, which outlines the circumstances of the death and initiates the claims process.
File a Claim
After notifying the insurer, file your claim formally with all required documentation. This step may involve submitting a demand letter that outlines your claim and desired compensation based on calculated damages.
Await Response and Negotiate
After you file the claim, the insurance company will review it and, based on policy terms and liability assessments, may make a settlement offer. Be prepared to negotiate.
Often, initial offers may only partially reflect potential damages. Because of this, getting assistance from a reliable wrongful death lawyer is always beneficial. They can help you with negotiating on your behalf to get the compensation you deserve.
Timelines and Deadlines for Filing Claims in California
The statute of limitations for filing a wrongful death claim in California is two years from the date of death. Failing to file within this period may result in losing the right to pursue compensation.
It is advisable to notify an insurance company immediately after the incident. Notifying as quickly as possible can facilitate quicker claim processing. Timely communication and thorough documentation are important and can ensure that you receive appropriate compensation for your loss.
What are the Common Challenges in Insurance Claims for Wrongful Death?
Are you also struggling with processing insurance claims after wrongful death in Beverly Hills? Insurance companies will often prioritize their own financial interests. This can lead to tactics aimed at minimizing payouts or denying claims altogether. Some of the strategies used by insurance companies can include:
- Denying Liability: Insurers may initially deny responsibility for the accident or incident. They can argue that the evidence does not support a claim.
- Lowball Offers: Insurers frequently make initial settlement offers significantly lower than the true value of the damages incurred. They will hope that claimants will accept them out of urgency or desperation.
- Delaying Claims Processing: They can also prolong the claims process, and insurers can frustrate families with this move. They also potentially lead them to settle for less than they deserve simply to move on.
- Questioning the Severity of Damages: Insurers may question the extent of the survivors’ emotional distress or financial losses, which can lead to minimal compensation.
This is where the skills of a wrongful death lawyer become invaluable.
Importance of Having a Knowledgeable Lawyer to Counteract These Tactics
The help of a Beverly Hills wrongful death lawyer is an advantage when counteracting these tactics. A knowledgeable attorney should have in-depth knowledge of California’s wrongful death statutes. They can also effectively advocate for the rights of the bereaved family. An experienced lawyer can:
- Negotiate Fair Settlements: A knowledgeable lawyer can push back against lowball offers. They can negotiate for a settlement that accurately reflects the damages suffered.
- Understanding Insurance Policies: Experienced attorneys are well-versed in insurance policies and can identify coverage nuances that may benefit their clients.
- Provide Legal Representation: A lawyer can represent the family in court if negotiations fail. This ensures that their case is presented effectively and the family’s rights are protected throughout the legal process.
- Gather Evidence: Lawyers have the resources and skills necessary to gather compelling evidence. This will support the claim and counter any insurers’ attempts to deny liability.
- Collaborate with Professionals to Establish Negligence: Attorneys often collaborate to strengthen a wrongful death claim with various professionals who can provide the required insights and testimony to make the case believable.
Contact Our Reliable Wrongful Death Lawyer Today!
Dealing with insurance companies after a wrongful death can be challenging. It can overwhelm you at an already difficult time. Hiring a Beverly Hills wrongful death lawyer can help your situation. Their legal experience ensures you can build a strong case and get the compensation you deserve.
Our wrongful death lawyers at Conlogue Law LLP will help you go through your case and seek the best possible compensation you can get. We can negotiate effectively on your behalf with insurers who may attempt to minimize their payouts. Let us walk you through this complex legal process and get the justice you need for your loved one.
If you face such circumstances, do not hesitate to call us for a free consultation.
