Setareh Law
October 16, 2024
When you lose a loved one due to someone else’s negligence or intentional actions, the emotional toll can be overwhelming. Adding to this distress, you may find yourself facing unexpected financial burdens and complex legal challenges. In California, wrongful death claims can provide a means of seeking justice and compensation for your loss. However, navigating the intricacies of these cases, especially when insurance companies deny or dispute claims, can be a daunting task.
At Setareh Law, we understand the difficulties you face during this trying time. Insurance companies often employ various tactics to deny or minimize wrongful death claims, leaving grieving families feeling helpless and frustrated. We are here to fight for your rights and protect your compensation every step of the way.
Common Reasons Why Insurance Companies Deny Wrongful Death Claims
Insurance companies often employ various tactics to deny or minimize wrongful death claims. One common reason for denial is the assertion that the deceased individual’s actions contributed to their death, thereby absolving the insured party of liability. Another frequent justification is the claim that the policy does not cover the specific circumstances surrounding the death. Insurance providers may also argue that the claimant lacks sufficient evidence to prove negligence or fault on the part of the insured.
Additionally, insurers might dispute the extent of damages claimed by the family, arguing that the requested compensation is excessive or unwarranted. In some cases, they may allege that the death was caused by a pre-existing condition rather than the incident in question.
How to Dispute Wrongful Death Claim Denials
There are several steps you can take to dispute the decision and fight for the compensation you deserve, including:
Reviewing the Claim Denial Letter
The first step is to carefully review the denial letter and understand the specific reasons provided by the insurance company. As you review the letter, pay close attention to the specific language used and any cited policy provisions. It’s essential to identify any inconsistencies or misinterpretations of the policy terms that may have led to the denial.
Make note of any deadlines mentioned in the letter, as these will be important for filing an appeal or taking further action.
Gathering Evidence
Start by gathering all relevant documentation related to the incident, including police reports, medical records, and witness statements. If applicable, obtain expert opinions or testimonies that support your claim and demonstrate the negligence or fault of the responsible party.
Personal accounts from family members and friends can also help paint a picture of the emotional toll and loss of companionship experienced.
Meeting With a Wrongful Death Attorney
A wrongful death attorney can evaluate your case objectively and identify potential weaknesses or strengths. When you meet with an attorney, such as those at Setareh Law, bring all relevant documentation, including the denial letter, policy documents, and any evidence you’ve gathered. This will allow the attorney to gain a comprehensive understanding of your situation and provide tailored advice.
Filing a Formal Complaint
If negotiations with the insurance company prove unsuccessful, filing a formal complaint may be the next step in disputing your wrongful death claim denial. Your attorney can help you prepare and submit a detailed complaint to the California Department of Insurance, which oversees insurance practices in the state. This complaint should clearly outline the reasons why you believe the denial is unjustified and include all relevant supporting documentation.
In addition to filing a complaint with the state regulatory body, your attorney may recommend submitting a formal appeal directly to the insurance company.
Litigation
When all other avenues have been exhausted, litigation may become necessary to resolve your wrongful death claim dispute. This involves filing a lawsuit against the insurance company or the responsible party in a California court. Your attorney will guide you through this complex process. If your case proceeds to trial, your attorney will present your evidence, call witnesses, and argue your case before a judge or jury.
Contact Our California Wrongful Death Lawyers Today
A skilled wrongful death lawyer can provide invaluable guidance throughout the dispute process, from reviewing your claim to representing you in court if necessary. At Setareh Law, our experienced attorneys are dedicated to helping families navigate the complexities of wrongful death cases and insurance disputes.
Don’t let an insurance company’s denial be the final word on your wrongful death claim. Contact Setareh Law at (310) 659-1826 or fill out our contact form to schedule a consultation.
