When someone dies unexpectedly or accidentally and has accidental death insurance coverage, there could be a variety of reasons an insurer denies a claim for accidental death insurance, ranging from disclaiming the death was an “accident,” to invoking one of a number of exclusions, such as an intoxication exclusion. It also means that family members—a father, mother, sibling or other heirs may have legal rights to seek financial damages.
It is during these times an accidental death insurance lawyer can help. First, the accidental death must be proven sufficiently to cause the defendant and their insurance company to reach a negotiated settlement or, failing that, in a civil trial.
What kind of financial damages can be claimed? As you might guess, financial compensation is specific to the unique aspects of each case. An accidental death insurance lawyer can help you determine this. However, generally, the policy will dictate what the amount of coverage is, though there can be circumstance where the claimed damages exceed the policy amount.
By far, the most common accidental death claims come from vehicle accidents. When this is the case it is critical to hire an accidental death insurance lawyer who knows how to handle this type of case, including whether the decedent had alcohol in his or her blood at the time of the accident. Evidence will need to be gathered, witnesses will need to be determined and the extent of financial damages determined.