California families can lose loved ones to tragic accidents and immediately face financial hardships. They can have funeral and burial bills show up alongside any leftover medical bills. And those invoices can come at a time when the weekly income the deceased had contributed to family support is no longer available.
It’s a difficult situation that becomes devastating when a family’s wrongful death claim is denied.
Fortunately, California allows for several options to give families a second chance at earning wrongful death compensation from those at fault. A skilled California Wrongful Death Attorney can help families understand why a claim was thrown out and give them a much better chance at earning support on a second try.
The Reasons a Wrongful Death Claim Might Be Rejected
Families who lose a loved one to an accident like a traffic collision, a drowning, or a deadly fall can file wrongful death claims to get help in the aftermath. It’s to provide benefits for loved ones facing massive bills that arise after a tragic death. It’s also meant to help families avoid economic hardships in the future after possibly losing someone who supported the family emotionally and financially.
Insurance companies for at-fault drivers or negligent property owners are supposed to provide support so the family isn’t targeted by these hardships while they are grieving. Unfortunately, insurers can look for ways to avoid blame.
They can reject a wrongful death claim by saying the victim caused their own accident. They might cite some fine print in a liability insurance policy that lets them off the hook for what happened. They might say the family submitted a wrongful death claim without enough evidence. All these excuses might prove false, but insurers can get away with flimsy reasons if they aren’t challenged.
A claim rejection letter should state the reason, and this information can assist the family when they file an appeal. It’s good information that helps families avoid the same mistakes when filing a new claim. A lawyer can also help make sure an appeal is much more effective than the original claim that was filed.
What does a Skilled Wrongful Death Lawyer do for your family? A Maison Law attorney fully investigates a loved one’s accident and collects any evidence that may have been omitted in a prior claim. Our lawyers can also secure witness testimony, accident reconstruction data (in a fatal traffic accident), and even surveillance video in some cases. A lawyer submits this evidence in an appeal and then puts pressure on the insurer to make the right decision this time. A lawyer is also often able to negotiate for a much bigger settlement for the family. This is often much more in support than they could earn by handling a case themselves.
Taking Action If an Insurer Denies a Wrongful Death Claim
Fighting back against an insurance company’s unfair decision would usually start with filing an appeal with the insurer. However,
Insurance Appeal: All insurance companies are required to offer an appeals process. The first step is for you or your lawyer to draft a formal letter asking for an appeal. The second step is usually having a new adjuster assigned to your case. You might get the same results if you handle your own case again and present the same evidence. But having a lawyer this time can greatly increase your chances of holding an insurer accountable.
Help from the Department of Insurance: A complaint filed with the California Department of Insurance (CDI) can also help families seek justice. A ruling from the CDI could force the insurer to pay your family immediate damages. The company might also have to pay large fines for acting in bad faith. However, the response can be slow when your family is depending on a giant government department. Administrators may also decide that your case was handled correctly and uphold the rejection. A lawyer assists you in communicating what happened and the hardships you’ve lived through.
Filing a Lawsuit: Families are also empowered to file a lawsuit and drag an unfair insurance company into court at any time. A trial would let a judge, and sometimes a jury, decide who was at fault and who should pay. A trial date can give hope to families who need justice and support. It can also lead to a more cooperative insurance company. The threat of a court date can make insurers work harder to propose a fair settlement to close relatives of the deceased. Companies try to avoid a trial because it will be expensive and could lead to bad publicity for the insurer. It’s wise to have a lawyer who can handle complex court filings and represent you against an insurer’s corporate lawyers.
The Support That’s Still Available to Families Who Have Wrongful Death Claims Rejected
Families who take up their wrongful death cases a second or third time are still eligible for every benefit that’s possible with these important cases.
A wrongful death claim should earn critical financial support for close relatives left behind. These are a few of the factors that would determine how much support family members could receive:
- Funeral and Burial Costs. The expense of a ceremony to remember a loved one properly.
- Lost income. The economic hardships families face after a loved one who supported a spouse, children, and other loved ones is suddenly gone. This income must be replaced and cover the family in future years.
- Lost care and guidance. The love and care those left behind, especially a spouse and children, won’t be able to draw upon in the years to come. This can include the lost life events that the loved one will never be able to be a part of. Moments like a toast at a wedding or a trip to the hospital to see a newborn grandchild should factor into any settlement.
- Support for parents. Parents who lose a child in a tragedy can seek full support from an at-fault party. They would receive help paying for funeral costs and medical bills. They should also secure support for the love and companionship that’s been robbed of.
- Emergency Response Fees. The costs of ambulance care and other fees associated with an accident.
- Medical costs. Any hospital bills acquired before the deceased passed on.
When Do You Need a California Wrongful Death Lawyer?
After a loved one is killed due to someone else’s mistake, you should speak to a California Wrongful Death Lawyer as soon as possible. Insurers can make it difficult for families to secure the support they need to rebuild their lives.
When a business is liable, corporate lawyers can get involved and reduce the economic support those left behind receive. A Maison Law attorney is a protection for the family at such a vulnerable time. We can handle the frustrating claims process while allowing your family to mourn their loss in peace.
If your family has already been through the claims process and the case was rejected, don’t give up hope! Maison Law offers a free case consultation to all victims, so they can be aware of their options for refiling or filing a lawsuit.
There’s no obligation, but if your family needs our help to hold an insurance company liable, you won’t need any money. There are no up-front costs to hire our lawyers. We also don’t get paid if we don’t win your case or appeal. If we win, our fee comes out of the settlement check that an insurer must write for you.
