Losing a loved one to an unexpected death is devastating. Family members are left with a sense of loss and, often, in a financial crisis. When a negligent party caused your loved one’s death, they should be held liable for the harm and pain they caused. While you could rely on an insurance company to compensate you for your loss, in Maryland, you are entitled to file a wrongful death lawsuit. However, the attorneys at Rice, Murtha & Psoras understand that many survivors are not up to pursuing litigation. Below, our Maryland wrongful death attorney discusses negotiating with an insurance company and why you should consider litigation.
Filing a Claim with an Insurance Company After a Wrongful Death in Maryland
If the death of a loved one emotionally and economically impacts a family member, they have the right to file a wrongful death claim. If the surviving person has evidence that their loved one’s death resulted from negligence, they could file an insurance claim. However, in many cases, the amount of damages sought could exceed what and insurance provider is able or willing to pay. In this situation, you will need our Maryland wrongful death attorney to take your case to court.
Insurance companies are a business and do not have you or your family’s best interests at heart. An insurance provider will work to ensure they are required to pay as little as possible or they could deny your claim. Most people are unfamiliar with their rights and the law. They are also dealing with the grief of losing a loved one – both emotionally and financially. Because of this vulnerability, many insurance adjusters will appear to be advocating for you while they are just looking for ways to limit their liability. Even if you do not want to pursue a court case, it is a good idea to work with our Frederick, MD wrongful death attorney when negotiating with an insurance provider.
Knowing the Value of Your Wrongful Death Claim
If there is evidence of negligence, then an insurance provider might offer a quick settlement. For many people, a fast insurance payment is a way of taking care of mounting financial debt. However, if you do not know the value of your wrongful death claim, you have no way of knowing if the settlement is fair. It is crucial to understand that once you agree and accept a payment, you are prohibited from seeking additional compensation through the court.
Our experienced Rockville, MD wrongful death attorney is aware of the challenges involved in calculating the damages arising from a wrongful death. When someone unexpectedly loses a loved one, they could be facing medical expenses, funeral and burial costs, as well as other out-of-pocket expenses. However, survivors are entitled to recover for much more than those apparent costs. If you lost a young spouse, you should be compensated for the income they would have provided during their lifetime. This is a complex calculation involving more than multiplying a yearly salary. Our office will take their age, education, experience, potential career progress and evaluate it according to their present-day value. In many cases, we will employ the use of financial and vocational experts.
Additionally, a survivor is entitled to be compensated for their emotional pain, loss of companionship, and the other vital benefits their deceased loved one provided. Insurance companies will typically use a formula to calculate these losses. However, every death’s impact is unique and you should recover based on your circumstances – not some spreadsheet.
Providing Evidence to Prove Your Wrongful Death Insurance Claim
Even if you decide you do not want to litigate your claim, you will still need evidence to support your damages in a wrongful death insurance claim. Some of the required proof is obvious, such as receipts of medical bills or statements from a funeral home. Other financial losses are not as easy to prove, such as the income your loved one would have earned or the value of the domestic services they provided. Additionally, most people do not know how to begin to document the emotional harm they suffered.
Proving your financial damages is only part of the equation. For an insurance company to settle a wrongful death claim, you need to prove that another party’s negligence caused the death. In many cases, a low settlement will be offered because the strength of your negligence claim is weak. In other situations, you could be offered a quick payment to avoid a court case. By having our Maryland wrongful death attorney prepare and investigate your case, there is a likelihood of more significant evidence establishing negligence being found. the value of your wrongful death claim is not only determined by the evidence of economic losses but by the strength of your negligence claim. Many insurance companies will make a substantially larger settlement offer if the evidence of negligence begins to pile up. Often, the only way to accomplish this is by filing a lawsuit in court.
Call Our Baltimore Attorney for Wrongful Death if You Are Negotiating with an Insurance Company
Losing a family member to wrongful death due to negligence is devastating. When such a tragic event occurs, you could be entitled to be compensated for your loss and emotional suffering. At Rice, Murtha & Psoras, our Maryland personal injury attorneys and staff understand the difficulty in knowing what to do next. We also know that, despite sounding like they do, insurance companies are not acting in your best interests. Our Maryland wrongful death attorney can assist you in negotiating with an insurance provider or filing a lawsuit if they are uncooperative. Call our office at (410) 694-7291 to schedule a free consultation.