Trial Attorney Blog
Losing a loved one due to another party’s negligence is a devastating experience.
In the aftermath, families often face not only emotional turmoil but also financial burdens.
Navigating the complexities of a Wrongful Death Case can be overwhelming, especially when dealing with insurance companies.
Effective communication with insurance adjusters is critical to protect your rights and ensure your claim is treated fairly.
This guide outlines the essential steps and considerations for dealing with insurers during a Wrongful Death Case.
Understand the Role of Insurance Companies
Insurance companies are for-profit businesses.
Their primary goal is to minimize payouts, even in tragic situations like a Wrongful Death Case.
While adjusters may express sympathy, they are trained negotiators aiming to settle claims for as little as possible.
Understanding this dynamic is key to handling conversations professionally and strategically.
Don’t Rush Into Giving Statements
After a wrongful death, you may be contacted by insurance adjusters requesting a recorded statement.
Politely decline until you’ve spoken with an attorney.
Anything you say can be used to downplay the value of your claim.
It’s vital to be cautious and avoid speculating about what happened.
Consult an Attorney First
Before engaging in any in-depth communication with the insurance company, consult a wrongful death attorney.
They can guide you on what information to share, how to respond to inquiries, and when to let them handle the correspondence on your behalf.
Having legal representation from the beginning protects you from making unintentional missteps.
Stick to the Facts
If you must communicate directly with the insurance company, be concise and factual. Avoid emotional language or unnecessary details.
Provide only the basic facts of the case: the date of the incident, the parties involved, and your relationship to the deceased.
Refrain from discussing the value of the claim, fault, or any speculation.
Document All Interactions
Keep a detailed log of all communication with the insurance company.
Record dates, times, names of representatives, and a summary of each conversation.
Save copies of all written correspondence, including emails and letters.
Documentation will be valuable if disputes arise later in the claim process.
Don’t Accept Early Settlement Offers
Insurance companies may offer a quick settlement in hopes of resolving the matter before you understand the full value of your claim.
These initial offers are usually far lower than what you may be entitled to.
Never accept an offer without reviewing it with your attorney.
In a Wrongful Death Case, damages can include medical expenses, funeral costs, loss of future income, and emotional suffering — all of which must be properly evaluated.
Understand What Damages You Can Claim
Being informed about the types of damages available in a Wrongful Death Case can help you understand the compensation you deserve.
These may include:
- Medical bills incurred before death
- Funeral and burial expenses
- Lost future earnings and benefits
- Loss of companionship and emotional support
- Pain and suffering of survivors
Understanding these categories can help you recognize if an insurance company is undervaluing your claim.
Provide Supporting Evidence Carefully
Insurance companies will require documentation to process the claim. Work with your lawyer to compile strong evidence, such as:
- Death certificate
- Medical records
- Police or accident reports
- Proof of financial dependence (pay stubs, tax records)
- Testimonies or expert opinions (if available)
Providing evidence through your legal representative ensures it’s presented accurately and in the correct context.
Avoid Signing Anything Without Legal Review
Never sign a release, waiver, or any legal document from the insurance company without having your attorney review it.
These documents may contain clauses that limit your ability to pursue further compensation or take legal action.
Stay Composed and Professional
While dealing with a tragic loss, emotions can run high.
However, staying calm and professional in your communication with insurance adjusters is essential.
Avoid anger or hostility, as it can work against you.
Let your legal team handle tense or complex negotiations.
Know Your Rights
Each state has different laws governing wrongful death claims.
These laws dictate who can file, what damages can be claimed, and the statute of limitations.
Working with an experienced wrongful death attorney ensures you stay informed and protected throughout the process.
Use Your Attorney as a Shield
The most effective way to communicate with an insurance company during a Wrongful Death Case is to let your lawyer do the talking.
Insurance adjusters are less likely to use manipulative tactics when they know a legal professional is involved.
Your attorney will advocate for your best interests and handle negotiations to maximize your compensation.
Final Thoughts
Dealing with insurance companies in a Wrongful Death Case can be one of the most challenging aspects of an already painful situation.
But with the right legal support and strategic communication, you can ensure your rights are upheld and your family receives the justice and compensation you deserve.
Finch McCranie LLP is a trial practice firm, with a long history of success.
Founded in 1965 by Baxter Finch and Claude Ross, the firm quickly established itself as among the best plaintiffs’ personal injury firms in Georgia, with numerous notable plaintiffs’ verdicts.
In the 60s and 70s, Baxter and Claude traveled throughout the state, trying cases regularly and cementing the firm’s reputation as one of the premier plaintiffs’ firms in Georgia.
If you’re dealing with a tragic loss and need help communicating with insurers, don’t do it alone.
Contact us today to schedule your free consultation and let Finch McCranie LLP guide you through every step of your Wrongful Death Case.