How Insurance Companies Handle Wrongful Death Claims

By Neal S. Gainsberg | December 30, 2024

If you have lost a close family member or loved one, your world may have been turned completely upside down. Fatal accidents are usually traumatic, devastating, and even earth-shattering. While you may never be able to bring your family member or loved one back, it is important to know that you may be able to hold the at-fault party accountable by filing a wrongful death claim and seeking compensation for your losses. However, when you do this, you will likely be dealing with the at-fault party’s insurance company, as they are usually the ones that play a big part in handling these types of claims.

What is a wrongful death claim?

A wrongful death claim is a “civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person.” If you file this type of claim and it is successful, you may be able to seek compensation for your losses due to your family member’s death. A wrongful death claim can arise from various types of accidents in Chicago, such as:

If one of your loved ones passed away in any of these types of accidents, a wrongful death claim gives you the opportunity to hold the liable person accountable while recovering financial compensation that can help your family through an incredibly difficult time. However, in order for your claim to be successful, you must be able to prove that the at-fault party directly caused the death of your loved one, which resulted in your loss.

What part does the insurance company play in a Chicago wrongful death claim?

Insurance companies play a major role in Chicago wrongful death claims. When a wrongful death claim is successful, it is usually the insurance company where the at-fault party holds a policy that will need to pay any settlement or damages. When navigating the process of a wrongful death claim, it is crucial to keep in mind that insurance companies are never on your side, and they do not care about what you have been through since the death of your loved one. Instead, they have one goal in mind, which is to reduce the amount that they owe you by as much as possible. Here are a few of the different aspects that an insurance company handles in wrongful death cases:

  • Evaluating your claim: Once you file a claim, the insurance company will quickly begin evaluating it. This involves looking over the information, determining whether everything stated is factual, and letting the at-fault party know about the claim brought against them.
  • Investigating the accident: Next, the insurance company will investigate the wrongful death accident. This means that they will look into what happened, collect evidence, and document everything they found.
  • Determining liability: After they have completed their investigation, the insurance company will determine who they believe acted negligently or wrongfully and caused the accident. The company may attempt to shift blame away from the party they insured.
  • Assessing your losses: The insurance company will assess the loss before determining whether to make a settlement offer. Remember that the insurance company will likely try to minimize each of your losses in order to pay you a lower amount.
  • Reviewing the at-fault party’s policy: The insurance company will also review the at-fault party’s insurance policy to make sure that the amount they plan to offer you does not exceed the policy limits.
  • Negotiating a settlement: One of the major aspects of a wrongful death claim is negotiating a settlement. If the company chooses to make an offer, it will likely be lower than what you could recover. The offer is usually only the start of the negotiation process. Your attorney can attempt to negotiate a larger settlement and, if necessary, file a lawsuit if the company fails to offer a reasonable amount.

Remember that in Illinois, you may still have an opportunity to recover even if the victim was partly at fault for the accident. Your attorney can discuss how this policy may impact your claim.

Five tips on how to avoid common pitfalls with insurance companies during the wrongful death claims process

Insurance companies are known to be very tricky and complicated throughout the entire wrongful death claims process. These five important tips may help you avoid common pitfalls:

  1. Keep communication with the insurance company as minimal as possible: Insurance companies are always looking for statements, facts, or details provided by you that they can twist to minimize your claim. Let your attorney handle your communications.
  2. Do not accept a settlement offer too soon: Even though you may be in desperate need of money, especially if you lost a loved one who was supporting your family, you should not accept a settlement offer too soon. The insurance company knows how much you need the money right now, which is why they will initially offer you much less than you deserve. If you can hold on a little longer, you may be able to obtain a much better settlement.
  3. Think about every potentially liable party: When going through the wrongful death claims process, it is critical to think about every potential party who could be liable for your family member’s death. If you only file a claim against one liable party and forget about the others, you could leave much-needed compensation on the table.
  4. Do not speak about the details of your claim with anyone: Even though you may need to depend on others to help you get through the grieving process, you should avoid speaking about the details of your claim with anyone. This includes posting on social media. If the insurance company sees or receives any information from other people, this could jeopardize your claim.
  5. Seek legal representation right away: A Chicago wrongful death lawyer can help you navigate the complexities of a wrongful death claim, handle all communication with the insurance companies, make sure that you meet important deadlines, help you collect strong and convincing evidence, review any settlement offers you receive, and demand the compensation you deserve. It can be difficult to understand every aspect of the wrongful death claims process, which is why you need an experienced and knowledgeable legal professional by your side who will answer any of your questions and concerns, keep you informed and updated, and increase your chances of securing a fair recovery amount.

At Gainsberg Injury and Accident Lawyers, we know how difficult and challenging wrongful death claims can be, and we’re here to help. Please call our office or submit our contact form to schedule a free, no-obligation case review today.

 

Posted in Wrongful Death