Wrongful Death: Helping You Fight Insurance Company Tactics
February 4, 2018
One of the hugely beneficial aspects of having a personal injury attorney on your side is that, when you are facing wrongful death damages in court, an experienced attorney is able to fight insurance companies who sometimes use unfair tactics so that they don’t have to pay. If you are part of a case, you know that insurance companies will do what they can to deny and devalue your claim as much as possible. Today we will take a look at the ways that insurance companies attempt to devalue wrongful death claims, and a quick overview of the damages you may be able to receive.
Insurance Company Tactics
When you are dealing with a wrongful death claim, you know that you should have time to grieve and not have to worry about insurance companies and the tactics they use to get out of damages. For this, you will need the help and guidance of an experienced attorney. Here are some of the tactics that insurance companies might use, in which you will need assistance:
Taking Advantage to Call You: After your loved one has passed due to wrongful death, you will surely speak to the insurance company of the liable party. One of their tactics involves calling you very soon after the accident in an attempt to catch you off guard in a vulnerable spot. Your loved one has just passed and you deserve time to grieve, but insurance companies will sometimes heartlessly move forward and pretend to act friendly on the phone while trying to gain your trust so they can try to turn the table on you.
Asking You For a Recorded Statement: You may think it’s okay to give a recorded statement after an accident because you think it will show your side and how you deserve to be compensated for your loved one’s passing. However, insurance adjusters use recorded statements not to help you gain compensation, but as a tool to deny and devalue claims by gaining information they can use. The case has just started, which is why you aren’t yet sure of all the developments in your loved one’s case just yet. Therefore, you don’t want to give too much information upfront.
Denying Liability Altogether: Even if the accident was the fault of the other party, insurance companies have been known to unfairly deny a claim anyway. Perhaps they have argued that there was no possible way that the accident’s circumstances caused the death of your loved one, even though you know differently. Perhaps they’ve turned the case around on your loved one and are now blaming them for fault. Either way, an experienced attorney can show a step-by-step of what happened and help you get the compensation you deserve after your loss.
Misrepresenting the Law: Insurance companies have also been known to twist the truth and tell you that you aren’t able to earn certain damages, even though you are legally entitled to them. Do not accept legal advice from the insurance company – that is what your attorney is for.
Damages in Your Case
There are many different damages you may request in a wrongful death case. Perhaps, due to the loss of your loved one, you now have one less income, which has significantly reduced your lifestyle. Perhaps they left behind a child and now there is no wage coming in to help the child financially. The courts will look at “pecuniary losses,” which are the measure of losses after you have lost your loved one, such as loss of support, as well as medical and funeral expenses that have been left behind.
You may also be able to personally bring a claim for emotional distress, which is mental suffering caused by the whole experience. Perhaps you have been feeling anxiety or depression due to the loss of your loved one, or have witnessed their injury and it has had a drastic effect on your life.
No matter what, when you are going through a wrongful death claim, you should never handle it alone. It is difficult to navigate the legal system without help, especially when you are dealing with the unfair tactics of insurance companies. Will Ferguson & Associates are here for you through every aspect of your case. Call us for more help at (505) 633-7070.