When a loved one dies due to another party’s negligence or wrongdoing, surviving family members often file a wrongful death claim to seek compensation for their loss. This process, however, is rarely straightforward. One of the key players in these cases is the insurance adjuster—an individual hired by the insurance company to investigate the claim and determine the appropriate payout, if any; or reject the claim altogether.
Insurance adjusters play a key role in wrongful death claims, but their primary goal is to protect the insurance company’s financial interests. Understanding how they operate can help families navigate the claims process and build a stronger case for fair compensation.
Read on to find out how insurance adjusters investigate wrongful death claims, the strategies they use, and the legal factors that families should keep in mind as they pursue justice for their loss.
The best step to take is to consult with an experienced wrongful death lawyer. The team at Brandon J. Broderick, Attorney at Law is here to help you.
The Role of Insurance Adjusters in Wrongful Death Claims
Insurance adjusters are tasked with evaluating claims filed against an insurance policy. In wrongful death cases, their responsibilities include validating the claim, assessing liability, and negotiating a settlement. While they are required to gather facts and evidence, their ultimate goal is to minimize the financial burden on the insurance company.
Validating the Claim
Adjusters begin by reviewing the circumstances surrounding the claim to determine whether it falls within the policy’s coverage. This includes verifying the death was caused by negligence and ensuring the policyholder's actions are covered under the terms of the insurance.
Assessing Liability
Liability assessment involves identifying the responsible parties and determining their level of fault. Adjusters may rely on evidence and expert analysis to establish whether negligence occurred and who is legally liable.
Negotiating Settlements
The final step involves negotiating a settlement that balances the claimant’s losses with the insurance company’s financial interests. This step often involves back-and-forth discussions and the presentation of supporting evidence.
How Insurance Adjusters Investigate Wrongful Death Claims
Reviewing the Policy
The investigation process begins with a thorough review of the insurance policy. Adjusters carefully examine the policy’s terms and conditions, including coverage limits and potential exclusions, to understand the extent of the insurer’s liability. This initial step sets the boundaries for how the claim will be handled.
Collecting Evidence
Once the policy review is complete, adjusters move on to evidence gathering. They collect accident reports and medical records to establish the cause of death and assess whether it was linked to the alleged negligence. Visual evidence, such as photographs and videos from the scene, is also crucial in reconstructing events.
In addition, adjusters may consult experts, such as accident reconstruction specialists or medical professionals, to provide insights into specific aspects of the incident.
Conducting Interviews
Interviews play an important role in the investigation. Adjusters often speak with witnesses, family members, and others connected to the deceased to corroborate facts and gather additional context. These conversations also allow adjusters to identify inconsistencies that might weaken the claim.
Evaluating Damages
After gathering evidence, adjusters focus on evaluating damages. They calculate economic losses, including medical expenses, funeral costs, and lost income, alongside non-economic damages such as emotional suffering and loss of companionship. This evaluation is a key factor in determining the settlement offer.
Strategies Used by Insurance Adjusters
Delaying the Process
Insurance adjusters may intentionally delay the claims process to frustrate families and pressure them into accepting a lower settlement. By prolonging the resolution, they aim to wear down claimants who may be in urgent need of financial relief.
Disputing Liability
Adjusters often argue that the policyholder’s actions were not the primary cause of the death or that other factors contributed to the incident. This strategy allows them to reduce or deny compensation based on shared fault or external circumstances.
Minimizing Damages
Another common strategy involves scrutinizing the amounts claimed, particularly for non-economic losses like emotional suffering. Adjusters may request extensive documentation to justify lower settlement amounts, complicating the claims process for grieving families.
Legal Considerations in Wrongful Death Claims
Statutes of Limitations
Families pursuing a wrongful death claim should understand the legal framework governing these cases. For instance, states impose statutes of limitations that dictate how long families have to file a claim. In New Jersey, the deadline is generally two years from the date of death. If you miss this deadline, you may lose the right to file a claim altogether.
Comparative Negligence Rules
Comparative negligence rules can also affect the outcome of a claim. In states like New Jersey, if the deceased is found partially at fault for their death, the damages awarded to the family may be reduced proportionally. These legal nuances highlight the importance of consulting an experienced attorney who can navigate the complexities of wrongful death claims.
Call Brandon J. Broderick For Legal Help
Navigating wrongful death claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.