Insurance companies often play a central role in wrongful death claims. When the liable party has insurance coverage, the insurance adjuster generally oversees the claim. This includes investigating what happened, determining how much the case might be worth, and negotiating with the victim’s family and attorney.
Working with a Dallas wrongful death lawyer ensures you have someone on your side to represent you to the insurance carrier, negotiate a fair settlement, and litigate the case when necessary. Most law firms that handle these cases provide free consultations for families who have lost a loved one.
Understanding the Role of the Insurance Adjuster After Your Loved One’s Death
Many wrongful deaths occur in accidents where the liable party has insurance. This could include:
- Auto liability coverage after a crash
- Homeowner’s insurance after a swimming pool accident
- A business liability policy after a fall
When coverage is available, the insurance carrier is brought into the case. The family files a claim based on the available coverage, and the insurance adjuster analyzes the circumstances to decide a potential payout amount. As a part of their job, the adjuster or another representative from the insurance company will:
Assess the Case
The adjuster’s primary job is to assess what happened, determine if the company’s policyholder is liable, and whether the insurer should pay for the death and damages. However, remember they are not working for you. They want to pay as little as possible to protect their employer’s bottom line.
Use Certain Tactics to Obtain Information
Insurance companies are notorious for using tactics to reduce the money they must pay or deny a claim entirely. You could accidentally jeopardize your family’s right to a fair settlement if you say or do the wrong thing. Do not talk to the insurance adjuster without getting advice and guidance from your lawyer.
Negotiate With Your Lawyer
Once your attorney builds a compelling case, they will present their evidence to the insurance adjuster and demand compensation. This usually kicks off settlement negotiations. The insurance adjuster and your attorney could go back and forth many times before settling.
Potentially Pay the Settlement or Court Award
Ultimately, the insurance company pays the settlement or court award in most wrongful death cases. Because of this, policy limits and other coverage details could affect the money your family receives. Your attorney will analyze the policy and discuss it with you.
What Damages Are Recoverable When Insurance Pays a Wrongful Death Claim?
The recoverable damages in a Texas wrongful death case are the same regardless of whether an insurance company, business, or individual pays them. However, policy limits and other factors could alter how much your case is worth. This is specific to each case and something you cannot know until your lawyer examines the coverage available.
Generally, some commonly recoverable damages in a wrongful death settlement include:
- Funeral and burial costs
- Medical expenses from the victim’s treatment before their passing
- Loss of income
- Loss of inheritance
- Loss of household support
- Loss of companionship
- The mental anguish of survivors
- Other intangible and non-economic damages suffered by survivors
Texas also allows an estate to pursue a survival action under some circumstances. This generally occurs when the victim suffered fatal injuries but remained alive for some time after the accident. This legal action allows heirs to receive compensation for their loved one’s conscious pain and suffering during this time.
How Does a Wrongful Death Insurance Claim Work in Texas?
The Texas wrongful death process is governed by Texas Civil Practice and Remedies Code § 71.002. Under this law, it is possible to pursue compensation if your loved one died because another party was:
- Negligent
- Careless
- Unskilled
- Committing a wrongful act
Under this law, immediate family members such as the surviving spouse, children, and parents can file a wrongful death action. While one of these parties must file the case, others can join the same lawsuit to recover compensation.
Under certain circumstances, the victim’s personal representative—also known as the estate executor—can file a wrongful death action instead.
Many types of accidents and incidents can cause wrongful deaths. This includes:
- Auto accidents
- Truck accidents
- Motorcycle accidents
- Fall incidents
- Construction accidents
- Product liability injuries
When a victim dies from their injuries in one of these accidents, their survivors can fight for justice by holding the at-fault party legally responsible. Often, these cases are settled through negotiations with the insurance adjuster representing the liable party. In other cases, a wrongful death lawsuit is necessary.
Under Texas Civil Practice and Remedies Code § 16.003, families only have a limited time to sue following their loved one’s death. However, there are numerous reasons to call an attorney well in advance of the deadline. This includes protecting their rights from the insurance company’s lowball offers and nefarious tactics and preserving time-sensitive evidence.
Let Your Wrongful Death Attorney Deal With the Insurance Company
Often, people think they can manage an insurance claim and financial recovery on their own. They contact the insurance company and follow their advice to get the money they need to pay for their economic and non-economic losses. However, this is rarely the best approach.
The insurance company is in the business of paying out as little as possible to resolve each case. An attorney who handles these claims daily understands the tactics the insurance adjuster will use and how to aggressively seek fair compensation for their clients.
Working with a knowledgeable and experienced attorney should provide peace of mind. When you have a wrongful death lawyer on your side, you can focus on your family while they manage your claim.
Discuss Your Loved One’s Wrongful Death With Our Team Today
Loncar Lyon Jenkins provides free consultations for families who have lost a loved one. We know how to manage insurance companies, protect your rights, and pursue the damages your family deserves. Call in the Strong Arm.
Contact us today for your free, no-obligation case assessment.
