Wrongful death claims in Ohio involve a complex process, particularly when it comes to insurance investigations. When a family seeks compensation for the loss of a loved one due to another party’s negligence, the insurance company representing the responsible party will conduct a thorough review before considering any settlement. Insurance adjusters play a key role in determining liability, evaluating damages, and ultimately deciding how much, if anything, the insurer will pay.
Understanding how insurance adjusters investigate wrongful death claims in Ohio can help surviving family members navigate the legal and financial challenges they may face. Below is a breakdown of the process insurance companies typically follow, as well as insights into how claimants can protect their rights.
The Initial Steps: Gathering Information
After a wrongful death claim is filed, an insurance adjuster is assigned to investigate the case. Their primary goal is to minimize the insurer’s financial exposure, meaning they will look for ways to deny or reduce the claim.
Some of the first steps an adjuster takes include:
- Reviewing the Incident Report: If the death resulted from a car accident, workplace incident, or medical malpractice, the adjuster will obtain and analyze police reports, OSHA records, or hospital documentation.
- Interviewing Witnesses: Statements from eyewitnesses can play a major role in shaping the insurer’s position. Adjusters may contact individuals who were present at the scene or obtain depositions from experts.
- Examining Medical Records: The adjuster will request medical documentation to confirm the extent of injuries leading to death and assess whether pre-existing conditions may have contributed.
- Communicating with the Claimant: The insurance company may reach out to the deceased’s family or their legal representative to gather additional details. While they may seem sympathetic, adjusters are trained to obtain statements that can later be used to devalue the claim.
Assessing Liability in an Ohio Wrongful Death Case
One of the adjuster’s primary tasks is determining whether their insured party is legally responsible for the death. Ohio follows a comparative negligence rule, meaning that if the deceased is found to have contributed to the accident in any way, compensation may be reduced accordingly.
For example, if a fatal car accident occurs and the deceased was partially at fault—perhaps by speeding or failing to yield—the insurer will attempt to assign a percentage of blame to the victim. If the deceased is found 30% responsible, the settlement may be reduced by that amount.
Adjusters look for evidence that weakens liability, such as:
- Lack of clear negligence by the insured party
- Potential fault on the part of the deceased
- External factors that could have contributed (e.g., poor weather, mechanical failure)
Valuing Damages in an Ohio Wrongful Death Claim
Once liability is assessed, the insurance adjuster shifts focus to damages. Wrongful death claims in Ohio can include both economic and non-economic losses:
Economic Damages
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased’s expected income and benefits
- Loss of household services the deceased would have provided (e.g., childcare, maintenance)
Non-Economic Damages
- Loss of companionship, guidance, and emotional support
- Pain and suffering endured by surviving family members
- Emotional distress of the deceased before passing (if applicable)
Insurance adjusters rely on formulas, case precedents, and actuarial data to calculate settlement amounts. However, their assessments often result in undervalued claims, prompting negotiations or legal action.
Common Tactics Adjusters Use to Reduce Payouts
Insurance adjusters are trained to protect the company’s bottom line. In wrongful death cases, they frequently employ strategies designed to reduce or deny compensation:
Disputing the Cause of Death – The adjuster may argue that the death was not directly caused by the defendant’s negligence or that other medical factors were involved.
Challenging the Amount of Economic Losses – They might claim that the deceased’s earning potential was lower than what is being argued, or that certain expenses are not recoverable.
Pressuring the Family to Settle Quickly – Insurers may offer a low initial settlement, hoping the grieving family will accept without fully understanding their legal rights.
Using Recorded Statements Against the Claimant – Anything said to an insurance adjuster, even in casual conversation, can be used to weaken the case.
Delaying the Investigation – By prolonging the claim process, adjusters may attempt to pressure the family into accepting a lower payout out of financial desperation.
How to Strengthen a Wrongful Death Claim Against an Insurance Adjuster
Because insurance companies prioritize profits over fair payouts, families pursuing wrongful death claims in Ohio should take proactive steps to protect their case:
- Hire an Experienced Wrongful Death Attorney: A lawyer can handle communications with the insurer, ensuring that no statements or evidence are used against the claimant.
- Avoid Providing Recorded Statements: Families should decline to give recorded interviews without legal representation present.
- Gather Comprehensive Evidence: Detailed medical records, expert testimony, and financial projections strengthen the case for maximum compensation.
- Be Wary of Early Settlement Offers: Insurance companies frequently offer low initial settlements, hoping families will accept before understanding the full value of their claim.
- File the Claim Within Ohio’s Statute of Limitations: In Ohio, wrongful death claims must be filed within two years of the person’s passing. Failing to meet this deadline can result in a loss of legal rights.
Conclusion
Insurance adjusters investigating wrongful death claims in Ohio are not impartial—they work to minimize payouts for their company. Their investigation focuses on reducing liability, undervaluing damages, and finding reasons to deny claims. Families pursuing compensation must be prepared for these tactics by securing strong evidence, understanding their legal rights, and enlisting the help of an attorney. By taking these steps, surviving loved ones can improve their chances of obtaining the financial recovery they deserve.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Ohio 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.
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