Wrongful death claims in Vermont are among the most sensitive and emotionally charged legal matters. When a person dies due to someone else’s negligence, surviving family members may be entitled to compensation for their loss. However, before any payout is issued, insurance adjusters conduct detailed investigations to determine liability and evaluate the value of the claim.
Understanding how adjusters approach these cases helps families set realistic expectations and better protect their rights during the process.
The Role of the Insurance Adjuster
Insurance adjusters are hired by insurance companies to evaluate claims and protect the company’s financial interests. In a wrongful death claim, their job is to examine the facts, assess the policy coverage, and determine whether a settlement is warranted—and if so, how much.
Adjusters aren’t neutral parties. While they may appear helpful, their goal is to minimize the insurer’s liability. For this reason, families should exercise caution when interacting with them directly and consult with an attorney before sharing sensitive information.
What Triggers an Investigation
An insurance investigation begins when a wrongful death claim is filed. This could arise from many types of incidents:
- Car accidents
- Workplace accidents
- Medical malpractice
- Defective products
- Premises liability (such as falls or unsafe property conditions)
In Vermont, wrongful death lawsuits must be filed by the personal representative of the decedent’s estate. If a claim is submitted to an insurer before a formal lawsuit, the insurance adjuster will still begin investigating right away.
Initial Review: Policy Limits and Coverage
Before digging into the facts of the case, the adjuster first reviews the insurance policy to:
- Verify that the alleged event is covered
- Check for exclusions or limitations
- Confirm whether the at-fault party’s policy is still active
- Determine the maximum potential payout
For example, in a fatal car crash, the adjuster will look at liability coverage and bodily injury limits. If the responsible driver only has Vermont’s minimum required coverage—$50,000 per person for bodily injury—this could affect the settlement value, even if the family’s losses are much higher.
Gathering Evidence
Once the coverage is confirmed, the adjuster begins collecting evidence. This phase is often lengthy and includes:
1. Reviewing accident reports and legal filings
The adjuster obtains police reports, medical examiner’s records, and any citations issued. These documents provide a timeline and early insight into potential fault.
2. Interviewing witnesses
Witness statements can make or break a case. Adjusters will try to identify inconsistencies between accounts or locate new witnesses not previously contacted.
3. Inspecting physical evidence
In motor vehicle cases, vehicle damage reports, photographs, or accident reconstruction data may be evaluated. In premises liability cases, they may examine maintenance logs or security footage.
4. Reviewing medical and financial records
The adjuster assesses medical treatment before death, cause of death, and financial records to calculate potential economic losses—like lost wages, benefits, and services.
5. Consulting experts
In complex claims—such as those involving medical malpractice—adjusters may hire medical experts or forensic specialists to support the insurer’s position.
Evaluating Liability and Comparative Fault
Vermont follows a modified comparative negligence rule, meaning a claimant can only recover damages if they are less than 51% at fault. Adjusters closely examine whether the decedent may have contributed to their own death.
For instance, if a pedestrian was struck while jaywalking at night, the adjuster may argue partial fault. Any finding of shared liability will proportionally reduce the damages awarded. If the decedent is found to be 51% or more at fault, the claim is barred entirely.
Calculating Damages
One of the adjuster’s main responsibilities is estimating the value of the claim. Vermont allows families to recover both economic and non-economic damages in wrongful death cases:
Economic damages may include:
- Loss of the decedent’s income and future earning potential
- Medical and funeral expenses
- Loss of household services the deceased provided
Non-economic damages include:
- Pain and suffering (of the deceased, if applicable)
- Loss of companionship, care, and emotional support
Valuation of non-economic damages is especially subjective. Insurance adjusters often rely on internal formulas, past settlement data, and jury verdict reports to come up with a number—typically much lower than what the family believes is fair.
Red Flags Families Should Watch For
Adjusters may use a variety of tactics to protect the insurer’s bottom line. Common strategies include:
- Requesting recorded statements early – which can be used to limit liability
- Rushing the family to settle – often before the full scope of damages is known
- Disputing medical findings or life expectancy – to reduce payout amounts
- Blaming the victim – especially in car accidents or property incidents
Because of these strategies, it’s wise for families to avoid giving statements or accepting early settlement offers without legal representation.
The Importance of Legal Advocacy
A wrongful death claim is not just about money—it’s also about holding the responsible party accountable. But insurers don’t evaluate claims based on emotion or grief. They assess them based on risk, cost, and liability exposure.
Hiring an experienced Vermont wrongful death attorney levels the playing field. Lawyers can:
- Independently investigate the death
- Challenge low settlement offers with solid evidence
- Protect families from adjuster tactics
- File a lawsuit if negotiations stall or the offer is unfair
Studies show that claimants that have legal representation receive significantly higher settlements than those who decide to negotiate on their own.
Conclusion
Insurance adjusters play a significant role in wrongful death claims, but their loyalty lies with the insurer—not the grieving family. In Vermont, understanding how these investigations work is key to protecting your rights and securing fair compensation.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Vermont Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury 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.