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Losing a loved one is one of the most painful experiences you can go through. However, that pain may only be amplified if it is discovered that the death was caused by another’s negligence or misconduct. In cases such as these, you may be confused as to what options you have or how you can seek compensated. If this is, in fact, the case, consider consulting an experienced wrongful death attorney to discover if you can file a wrongful death claim and seek compensation.
Who is Chubb Insurance?
Although you may never have heard of Chubb Insurance in the past, it is a giant in the insurance industry. In fact, Chubb Insurance is the largest commercial insurer in the United States. Chubb provides commercial, personal property, and casualty insurance, as well as personal accident, supplemental health, and life insurance. Chubb has more than 625 offices worldwide and operates in 54 countries and territories around the world.
When dealing with an insurance company of this size, it is important to remember that their top priority is to make a profit. For insurance companies to make a profit, they must be paying out less in premiums than they are taking in. Remember this when it comes time to contact the insurance company directly requesting compensation. They will employ tricks and strategies to minimize the amount that you are seeking so that they can meet their bottom line. For this reason, consider consulting an attorney with experience dealing with insurance companies like Chubb.
How Does a Wrongful Death Insurance Claim Work?
Wrongful death claims often arise when the facts support a finding that a death occurred as the result of another’s negligence or misconduct. For wrongful death suits to succeed, the party filing the lawsuit must prove that it was more likely than not that death would not have occurred but for another party’s negligence or misconduct. Common causes of wrongful death claims may include vehicle accidents, medical malpractice, work-related accidents, and product liability.
When filing a wrongful death claim it is also important to consider who actually brings the claim. Under state law, wrongful death actions may only be brought by certain parties. In most cases, the party that brings such a claim is usually the “personal representative.” The personal representative is usually an immediate family member such as a spouse, parent, or adult child.
When dealing with the insurance company, there are some important things to remember. Remember that the insurance company is just that, a company. Their top priority is making money from insurance policies. In an effort to make money, the insurance company’s claims adjusters will do everything in their power to pay out as little as possible. They may seem helpful over the phone, but they are trying to get as much information out of you that will be detrimental to your claim.
During the negotiation process, an experienced attorney can be invaluable. Wrongful death attorneys have experience with the tricks the claims adjusters have up their sleeves. Do not let yourself be taken advantage of. Contact an attorney before seeking compensation from an insurance company.
How Is a Claim Evaluated?
When a wrongful death claim is initiated, the insurance company may consider a number of factors in evaluating the claim and calculating a settlement. While different insurance companies may use different factors, there are some that are used rather frequently across the industry. Some common factors insurance adjusters may use include:
- Age at the time of death
- Income at the time of death
- Health prior to death
- Earning potential
- Education level
- Medical expenses
- Funeral and burial expenses
- Circumstances of dependents
Insurance claims adjusters will also initiate rather extensive investigations into their cases. They may get witness statements, police reports, photographs, etc. They will also hear your side of the story and speak with you directly about your claim and potential settlement offers. But remember, throughout the investigation and negotiation process, their main goal is still to pay out as little as possible. Keep this in mind when dealing with your insurance company.
When it comes time for your claim to be evaluated, have your information ready that will support your claim. Be prepared to answer questions and provide evidence that might strengthen your claim. If at any point throughout the evaluation process with your insurance company you feel lost or confused, you should not hesitate to contact an experienced wrongful death attorney to make sure your case is treated fairly and you get the respect you deserve.
Knowing the Amount You May Be Entitled To
When calculating how much you may be entitled to from a wrongful death claim, it is important to take into consideration as much information as possible. Consider how your life will change because of the loss. Consider how your finances will change because of the loss. Although nothing can ever truly fill the space left by the loss of a loved one, don’t let your situation become even worse by financial insecurity.
In a situation such as this, your attorney can also be a big help. An experienced wrongful death attorney will likely have had to make this calculation several times before and know what to expect. They can guide you through the process and help you determine the amount you actually need. An experienced attorney can make sure you are seeking the right amount in your wrongful death claim so that you won’t be in fear of how you will be able to maintain your lifestyle.
How a Lawyer Can Help
Throughout the entire process of dealing with the insurance company and its insurance adjustors, it is crucial to remember their main goal: to pay out as little as possible. To reach that goal, insurance adjustors often employ several tricks and strategies. For this reason, consulting with an experienced attorney may be in your best interest. Experienced attorneys know what to expect and be prepared to respond.
Consulting a lawyer can put your negotiations with the insurance company on a level playing field. Don’t let the insurance company take advantage of you. When seeking a fair and just settlement, working with an experienced wrongful death attorney may be in your best interest.
The laws regarding wrongful death claims and lawsuits are complex and differ from state to state. During such an emotional time in your life, your top priority may not be filing such a claim or suit. For this reason, consulting a wrongful death attorney can be instrumental. An experienced wrongful death attorney can guide you through the process and explain to you your options and potential outcomes. You don’t need to go through such a painful process alone, and your lawyer can be there to help.
How Is Compensation Calculated
When dealing with a wrongful death claim, it is important to be aware of the compensation you may be entitled to. Damages in a wrongful death claim include both economic and non-economic damages. Examples of damages include:
- Pain and suffering
- Medical expenses
- Funeral and burial expenses
- Loss of deceased’s expected income
- Loss of any inheritance
- Loss of companionship
- Loss of consortium
Calculating the amount of damages in a wrongful death claim can be a difficult task. Each case can vary significantly in the ultimate amount settled upon. Because of this, consulting an attorney who has experience with wrongful death compensation can help prepare you for what to expect. It is important to have a firm grasp on how much you may be entitled to before initiating the process, so consider contacting an experienced wrongful death attorney as soon as possible.
The time in which you can file a lawsuit is generally determined by law. Every state has certain time limits, or a “statute of limitations,” in which you can file certain claims. When it comes to wrongful death claims, the legal time limit is usually two years. However, this is not uniform across all states. For example, some states’ time limits may be as short as one year. For this reason, it is extremely important to contact a lawyer to make sure you file your suit within the appropriate time frame.
If you are confused as to how your state’s statute of limitations applies to your specific case, you should consider contacting an attorney as soon as possible. Filing outside of the legal time limit may prevent your case from being heard.
OUR WRONGFUL DEATH ATTORNEYS CAN FIGHT THE INSURANCE COMPANY FOR YOU
Negotiating a settlement with an insurance company can be frustrating, but the experienced attorneys at Zinda Law Group are well prepared to ease your burden. Our lawyers are highly experienced in dealing with insurance companies, and we have the knowledge and resources necessary to help you build the best case possible and to seek the maximum compensation you may be entitled to.
While no amount of money could ever make up for your loss, seeking recovery for the damages you may be entitled to can help protect your family’s financial future. And as one of our clients, you will pay nothing unless we achieve a favorable settlement, judgment, or verdict for your wrongful death case. That’s our no-fee guarantee.
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