What to Know About Dealing with Insurance Companies After a Wrongful Death
The devastating loss of a family member due to someone else’s negligence brings overwhelming grief, compounded by the complex process of pursuing a wrongful death claim. Insurance companies, representing the at-fault party, often attempt to minimize their financial liability during this vulnerable time. Understanding how to effectively interact with insurance companies can make a significant difference in securing the compensation your family deserves while preserving your emotional wellbeing.
At Younglove Law Group, we guide families through the challenging process of wrongful death claims throughout California. Our attorneys have extensive experience dealing with insurance companies and their tactics. We protect your rights and fight for the full compensation your family deserves while you focus on healing.
Insurance Company Tactics to Be Aware Of
Insurance companies operate as businesses primarily concerned with protecting their bottom line. Unfortunately, this can lead to practices that disadvantage grieving families pursuing wrongful death claims.
When an insurance adjuster contacts you after the loss of your loved one, they may express sincere condolences while simultaneously working to reduce the company’s financial exposure. Many adjusters receive training in techniques designed to minimize payouts, even in tragic circumstances.
Early settlement offers frequently represent a fraction of what your claim is worth. Insurance companies know that families facing funeral expenses and the sudden loss of income may feel pressured to accept quick cash. These initial offers rarely account for the full scope of your damages, including future lost income, loss of companionship, and other long-term impacts.
Insurance representatives often request recorded statements soon after the death. They hope to obtain statements while you are still processing your grief and may not fully understand the legal implications of your words. Anything you say during these conversations can later be used to devalue or deny your claim.
Some adjusters employ delay tactics to wear down grieving families. They may repeatedly request unnecessary documentation, take excessive time to respond to communications, or transfer your case between multiple adjusters. These delays can push families toward accepting lower settlements out of frustration or financial necessity.
Protecting Your Rights During the Claims Process
Taking specific steps can help safeguard your family’s legal rights when dealing with insurance companies after a wrongful death.
Always maintain written records of all communications with insurance representatives. Document the date, time, person’s name, and content of every phone call. For written communications, keep copies in a dedicated file. This documentation creates a paper trail that can prove valuable if disputes arise regarding what was said or promised.
Be extremely cautious about signing any documents from the insurance company without legal review. Insurance release forms often contain broadly worded language that can limit your rights to future compensation. Even seemingly routine paperwork may include clauses waiving important legal rights.
Set Appropriate Boundaries
During your period of grief, consider limiting direct contact with insurance representatives. You can designate a trusted family member to serve as your point of contact or, ideally, refer all communications to your attorney. This buffer allows you space to process your loss without the added stress of insurance negotiations.
If you must communicate directly with adjusters, keep conversations brief and factual. Avoid:
- Speculating about the cause of death
- Providing detailed statements about your emotional state
- Discussing the potential value of your claim
- Accepting any responsibility on behalf of your loved one
- Making definitive statements about your loved one’s health before the incident
These boundaries protect you from making statements that could inadvertently undermine your claim.
Understanding the Full Value of a Wrongful Death Claim
Insurance companies often attempt to narrowly define compensable damages in wrongful death cases. Having comprehensive knowledge of what your claim may be worth helps prevent undervalued settlements.
Economic damages include quantifiable financial losses such as funeral and burial expenses, medical costs incurred before death, loss of the deceased’s income and benefits, loss of inheritance, and value of household services the deceased would have provided. Insurance companies may acknowledge these damages but often dispute their full value, particularly regarding future projected earnings.
Non-economic damages compensate for intangible losses including loss of love, companionship, guidance, and emotional support. Insurance companies frequently undervalue these profound losses because they cannot be calculated with a simple formula. California law recognizes the significant impact of these losses, though they can be more challenging to quantify.
In cases involving egregious negligence or intentional wrongdoing, punitive damages may be available. These damages serve to punish particularly reprehensible conduct and deter similar behavior in the future. Insurance policies typically exclude coverage for punitive damages, though the at-fault party may still be personally liable.
Work With an Experienced Wrongful Death Attorney
Engaging an attorney experienced in wrongful death claims provides crucial advantages when dealing with insurance companies.
A skilled attorney accurately values your claim by consulting with economic experts to calculate lifetime earning potential and other financial impacts. They also understand how courts and juries typically value non-economic damages in similar cases, ensuring all aspects of your loss receive proper consideration.
Attorneys manage all communications with insurance representatives, protecting you from potentially harmful interactions. They recognize common insurance tactics and know how to effectively counter them, including strategic responses to delay tactics, lowball offers, and pressure techniques.
Contact Younglove Law Group Today
Dealing with insurance companies after a wrongful death requires knowledge, strategic communication, and persistence. While no amount of money can replace your loved one, fair compensation can provide financial security and a measure of justice during this difficult time.
At Younglove Law Group, we handle all aspects of wrongful death claims, including all insurance company communications. Our compassionate team understands the profound impact of your loss and works diligently to secure the compensation your family deserves. For a free consultation regarding your wrongful death claim, call us today at (949) 691-3660 or complete our contact form.
