As you likely already know, insurance companies can be tricky and are notorious for their profit-driven motivation. In wrongful death cases, this reality can become even more evident. While the grieving family struggles to cope with their profound loss and seeks justice for their loved one, insurance companies may not always exhibit the compassion or support one might hope for during such a difficult time.
A trusted Los Angeles wrongful death attorney can handle communication and negotiations with the insurance company, protecting you from deceitful tactics and advocating on your behalf to ensure you receive the compensation you deserve.
Here are the main ways insurance companies are involved in wrongful death lawsuits. Their role can change based on whether the insurance company is for the defendant, plaintiff, or another party.
Assessment of Claims
Before determining the compensation the victim’s family is entitled to, the defendant’s insurance company must thoroughly review the wrongful death claim to assess its validity.
They will examine the circumstances surrounding the death to ensure it falls within the scope of the policy and confirm whether the policyholder’s actions or negligence are covered under the terms of the policy. This process is important for deciding if the insurance company must pay compensation, and if so, how much.
At the same time, the plaintiff’s insurance company — such as life insurance or underinsured motorist coverage — may evaluate whether their policy applies to the wrongful death and if benefits are payable.
Negotiation
Negotiation is often the most challenging part about dealing with an insurance company — and it is exactly where a Los Angeles wrongful death lawyer can make a big difference. The insurance company will typically attempt to settle the case as quickly as possible, working to minimize the payout to reduce their financial liability.
A wrongful death attorney in Los Angeles will advocate for the victim’s family, negotiate on their behalf, and ensure that they do not accept a low settlement offer. The lawyer’s experience in handling insurance tactics helps level the playing field and protect the family’s rights during this phase.
Defense Provision
The defendant’s insurance company will provide a legal defense for the policyholder, either by using in-house attorneys or hiring outside legal counsel, often from a Los Angeles wrongful death law firm. Their goal is to protect their policyholder’s interests by challenging the plaintiff’s claims, hoping to reduce liability or dismiss the case altogether.
The defense might include questioning the evidence, disputing the cause of death, or arguing that the policyholder’s actions did not meet the legal standard of negligence.
Settlement or Payout
If the defendant and their legal team reach an agreement with the plaintiff or their attorney, the case is considered settled. In this case, the defendant’s insurance company will manage the payout, covering the awarded damages up to the policy limits.
The settlement amount may include compensation for funeral expenses, lost wages, pain and suffering, and other related costs. While a settlement avoids the time and expense of a trial, it still requires careful negotiating to ensure the compensation accurately reflects the full extent of the victim’s family’s losses.
Schedule a Free Consultation With the Best Wrongful Death Attorney – Los Angeles
Wrongful death claims in Los Angeles can be tough to handle on your own, especially during a period of grief. If you lost a loved one due to a wrongful death accident, our experienced and specialized Los Angeles wrongful death attorneys can help you seek the justice and compensation you deserve.
John J. Perlstein is the best wrongful death attorney (Los Angeles) and has over 25 years of experience securing fair and just outcomes in personal injury cases and wrongful death cases. He will ensure accurate compensation for victims’ families.
Reach us at (213) 583-5786. Or, fill out the form on our website to schedule a free consultation with a wrongful death attorney in Los Angeles. This consultation will provide you with an opportunity to tell us the details of your case and let us determine how we can help you compile sufficient evidence to get the justice you deserve on behalf of your loved one.