When a wrongful death claim is filed in Kentucky, insurance adjusters play a pivotal role in determining liability, assessing damages, and negotiating settlements. Their primary goal is to protect the insurance company’s financial interests, which often means minimizing the payout. Understanding how these professionals investigate wrongful death claims can help claimants prepare for the process and strengthen their case.

The Initial Review of the Claim

Once a wrongful death claim is submitted, an insurance adjuster is assigned to the case. The adjuster’s first step is to review the claim documentation, which typically includes:

• The death certificate
• Medical records related to the deceased’s injuries
• Police or accident reports
• Witness statements
• The official wrongful death complaint filed in court

This initial review helps the adjuster understand the basic facts of the case, identify potential liability issues, and determine what additional information is needed to evaluate the claim.

Examining Liability in Kentucky Wrongful Death Cases

Kentucky follows a comparative fault rule, which means a claimant’s compensation can be reduced if the deceased is found partially responsible for the accident. Insurance adjusters scrutinize every aspect of the case to determine whether the insured party was fully or partially at fault. Key investigative methods include:

Reviewing Eyewitness Testimonies: Adjusters interview witnesses to verify the claimant’s account of events.

Analyzing Police and Accident Reports: If law enforcement responded to the incident, the adjuster examines their findings to establish fault.

Assessing Video or Photographic Evidence: Surveillance footage, dashcam recordings, and accident scene photos help reconstruct what happened.

Consulting Expert Witnesses: In complex cases, adjusters may consult accident reconstruction specialists, medical experts, or engineers to determine liability.

If evidence suggests the deceased was partially at fault, the adjuster may argue for a lower settlement amount under Kentucky’s comparative negligence law.

Reviewing Medical Records and Cause of Death

A wrongful death claim hinges on proving that the insured’s actions directly caused the fatality. Insurance adjusters meticulously review medical records, autopsy reports, and prior health conditions to establish a direct connection. They may attempt to argue that pre-existing medical conditions contributed to the death, which could weaken the claimant’s case.

For instance, if a person with a heart condition was involved in a fatal car accident, the adjuster might argue that the underlying condition played a role in their passing rather than the insured’s negligence alone.

Evaluating Economic and Non-Economic Damages

A significant part of the adjuster’s job is assessing the financial impact of the wrongful death. This includes:

• Economic Damages:
  • Medical expenses incurred before death
  • Funeral and burial costs
  • Lost future earnings and benefits
  • Loss of household services
• Non-Economic Damages:
  • Pain and suffering experienced by the deceased before passing
  • Loss of companionship for surviving family members
  • Emotional distress of the surviving relatives

Insurance companies often dispute non-economic damages since they are more subjective and difficult to quantify. Adjusters may reference similar past cases or statistical averages to argue for a lower payout.

Monitoring the Claimant’s Actions

Insurance adjusters often conduct background checks and surveillance on claimants to look for inconsistencies. They may:

• Review Social Media Activity: Posts, comments, and photos that contradict the severity of the loss can be used to challenge the claim.
• Investigate the Claimant’s Financial and Employment History: Adjusters may check if surviving dependents have alternative sources of financial support to argue for reduced compensation.
• Interview Neighbors and Colleagues: Statements from people who knew the deceased or the claimant can provide insights into how the loss has impacted them.

Settlement Negotiations and Tactics

Once the adjuster completes their investigation, they will determine a settlement offer. Common tactics used to minimize payouts include:

• Low Initial Offers: Adjusters often present a lowball offer in hopes the claimant will accept out of financial desperation.
• Disputing Medical and Funeral Expenses: They may argue that certain expenses were unnecessary or inflated.
• Delaying Tactics: Dragging out the claims process can pressure claimants into settling for less than they deserve.
• Denying Liability: If evidence is unclear, adjusters may outright deny the claim, forcing the family to pursue litigation.

How to Strengthen a Wrongful Death Claim

To counter these tactics, claimants should take proactive steps:

1. Gather Comprehensive Documentation: Keep detailed records of medical bills, lost wages, and emotional distress.
2. Consult a Wrongful Death Attorney: Legal representation ensures that insurance adjusters do not take advantage of grieving families.
3. Avoid Speaking Directly to Adjusters: Any statements made can be used against the claimant.
4. Stay Off Social Media: Even innocent posts can be misinterpreted and used to undermine a claim.
5. Be Prepared for a Long Process: Some cases may take months or even years to resolve, so patience is key.

Conclusion

Wrongful death claims in Kentucky are complex, and insurance adjusters employ various investigative strategies to reduce payouts. Understanding their process helps claimants build stronger cases and avoid common pitfalls. Seeking legal guidance can significantly increase the chances of securing a fair settlement, ensuring that justice is served for the deceased and their loved ones.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Kentucky Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced attorneys 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.