Dealing With Insurance Companies in a Wrongful Death Claim

• April 2, 2025
• The Stoddard Firm
• Wrongful Death

Losing a loved one unexpectedly leaves a void that no words can fill and for which no settlement can truly compensate. When the cause of that loss stems from someone else’s negligence or misconduct, the pain is further complicated by the need to navigate legal and financial hurdles.

In this difficult time, dealing with insurance companies becomes inevitable. These companies employ specific insurance company tactics in wrongful death insurance claims, aiming to minimize their financial liability.

Negotiating with insurance after death is a delicate task. It requires patience, persistence, and a detailed understanding of legal rights and insurance policies. This is where the support and expertise of an Atlanta wrongful death lawyer become invaluable. An experienced lawyer can provide the necessary guidance, allowing you to focus more on healing and less on the intricacies of legal procedures.

The goal of obtaining a fair wrongful death settlement is not just about financial compensation. It is also about acknowledging the value of the lost life and holding the responsible parties accountable. A settlement can provide a sense of closure and security, allowing families to focus on healing and remembering their loved one without the burden of financial strain.

Initial Steps After a Wrongful Death

The first steps following a wrongful death are critical. Here’s what to do immediately after a wrongful death of a loved one:

• Secure Important Documentation: Gather any documents related to the death of your loved one, including death certificates, medical records, and any reports from law enforcement or first responders.
• Notify Necessary Parties: While it’s important not to rush into settlements or legal decisions, you should inform your loved one’s employer, insurance companies, and any other relevant entities of the death. This step can prevent future complications.
• Avoid Premature Discussions with Insurance Companies: After a wrongful death, you’ll likely be contacted by an insurance company representing the at-fault party. While it’s natural to want answers and solutions, be cautious. Insurance adjusters are trained to minimize payouts and anything you say could be used against your claim.
• Consult a Wrongful Death Attorney: Wrongful death insurance claims are complex and require a wrongful death lawyer to navigate effectively. Contacting our lawyers early on can help you understand your rights and the legal steps needed.

What to Expect When Dealing with Insurance Companies

When you file a wrongful death claim, dealing with insurance companies becomes an unavoidable part of the process.

1. Investigation

The insurance company will launch its own investigation into the death. They’ll be looking to assess liability, determine the circumstances of the incident, and evaluate any potential defenses they might use to reduce or deny your claim.

1. Communication

Communication with the insurance adjuster will become a regular part of your life during this period. Be prepared to receive frequent phone calls, emails, and letters. Adjusters may appear friendly and sympathetic, but remember that their primary role is to protect the insurance company’s interests. They are trained to gather information that may reduce their employer’s liability.

1. Early Settlement Offer

It’s also common for an insurance company to make an early settlement offer. These initial offers are often much lower than what you may be entitled to receive. They’re banking on the fact that you may be overwhelmed and tempted to accept a quick payout to avoid a drawn-out process. It’s important not to accept this first offer without consulting your attorney.

1. Negotiation

Negotiation is a critical stage where your attorney’s expertise comes into play. Your lawyer will negotiate with the insurance adjuster on your behalf, aiming to secure a fair settlement that truly reflects the magnitude of your loss. This process can be lengthy and complex, requiring a firm grasp of wrongful death law and skilled negotiation tactics.

1. Possible Delays and Tactics

Finally, be aware that the process may encounter delays. Insurance companies often use various tactics to delay proceedings, hoping that the pressure of time and mounting bills will compel you to settle for less. They might also challenge claims about the cause of death or the amount of compensation due, further complicating negotiations.

Common Insurance Company Tactics in Wrongful Death Cases

Below are some common tactics insurers use to minimize their payouts, making an already painful process even more difficult:

1. Denying Liability

One of the first moves an insurer might make is to argue that their policyholder wasn’t at fault for the death. They may claim there’s insufficient evidence or even point fingers at other parties to muddy the waters. This tactic forces the claimant to provide compelling evidence that the insured’s actions directly contributed to the wrongful death.

1. Downplaying Damages

Insurance adjusters might attempt to minimize the economic and emotional impacts of the death. This often involves undervaluing the deceased’s contributions to the family, both financially and emotionally. By doing this, they try to lower the amount they would need to pay out, arguing that the loss is less significant than claimed.

1. Requesting a Recorded Statement

Early in the process, the insurance adjuster might ask you to give a recorded statement. It might seem like a routine step, but it’s a calculated move. Anything you say can be used to undermine your claim, as they look for inconsistencies or statements that could suggest lesser liability or damages.

1. Pressuring for a Quick Settlement

Knowing that you’re likely in a vulnerable emotional state, insurers often present a quick, low settlement offer. The hope is that you’ll accept it to avoid a prolonged process, settling for much less than you might need or deserve. This tactic preys on your desire for closure and the immediate financial pressures you might be facing.

1. Blaming the Deceased

Perhaps one of the more distressing tactics is when insurers try to shift some or all of the blame onto the victim. They might suggest that the deceased’s actions contributed to the incident, thus attempting to reduce their liability. This not only affects the claim but can also feel like a personal attack during a time of grief.

How an Atlanta Wrongful Death Lawyer Can Help

When facing a wrongful death insurance claim, having an attorney on your side can make all the difference. Here’s how The Stoddard Firm can help:

• Protecting Your Rights: Our attorneys take the time to explain the intricacies of wrongful death claims in Georgia, ensuring you are informed and empowered to make decisions that are best for your family. We’re here to help clarify what compensation you might be entitled to and outline the process step-by-step.
• Handling Communication: Insurance companies can be overwhelming to deal with, especially when you’re grieving. Our attorneys will handle all communications with the insurance companies on your behalf. This includes responding to inquiries, submitting necessary documentation, and shielding you from any tactics that might be used to undermine your claim.
• Investigating the Claim: A strong wrongful death claim is built on solid evidence. Our legal team will thoroughly investigate the circumstances surrounding your loved one’s death. This involves gathering crucial evidence, interviewing witnesses, and working with forensic experts to establish a clear, compelling case against the responsible parties.
• Negotiating a Fair Settlement: Leveraging our experience, we approach the negotiation table with one goal in mind: to secure a settlement that truly reflects the depth of your loss. We understand the financial and emotional impacts of your loss and fight to ensure that the compensation matches. Our attorneys are skilled negotiators who know how to deal with insurance adjusters and counter their strategies effectively.
• Filing a Lawsuit: If negotiations don’t lead to a fair resolution, we are fully prepared to take your case to court. Our legal team has a strong track record of successful results. Our litigation team is experienced in arguing wrongful death cases before a judge and jury, and we fight to achieve the justice your loved one deserves.

Contact Our Wrongful Death Lawyers in Atlanta

Negotiating with insurance companies after death feels like a battle that’s skewed in favor of the insurer. They are armed with tactics designed to protect their profits. These strategies are deliberate attempts to push you into settling for less than you deserve.

Securing a fair wrongful death settlement involves meticulous preparation and relentless advocacy. It’s about presenting a case that fully accounts for the financial and emotional impact of your loss.

While no amount of money can replace a loved one, getting a fair settlement can provide a foundation for your family to heal.