The loss of a loved one is always traumatic, especially if they died due to another person’s negligence. While you’re dealing with overwhelming grief, your family might be left with expensive medical bills and funeral costs. Under normal circumstances, you might expect the at-fault driver’s car insurance company to reimburse your financial losses. However, securing a fair settlement can be challenging even if you believe you have an open-and-shut case.
How Adjusters Try to Devalue and Deny Claims
If you lost a loved one in a Virginia car accident, the insurance adjuster might have a lot of genuine sympathy for your situation. But while they may feel sorry that their client’s wrongdoing cost an innocent life, their loyalty is to the insurance company—not you or your family. Insurance companies are most concerned about their bottom line, and they do not turn a profit if they pay every deserving family a fair settlement.
Insurance adjusters are not just investigators—they are trained negotiators who will do everything in their power to devalue or deny your claim, even when you are clearly entitled to compensation.
How Adjusters Try to Deny Claims
- Asking you trick questions when your mind and emotions are clouded by grief
- Asking you to make a recorded statement they will use against you
- Requesting your loved one’s medical history, so they can attribute incurred medical expenses to a pre-existing condition
Since speaking to an insurance adjuster is always risky, you should never agree to provide a recorded statement or sign a medical release form without first speaking to a qualified Virginia wrongful death attorney.
Never Rush to Accept a ‘Fair’ Settlement
If you have a clear-cut case, an adjuster might tell you the insurance company has all the evidence it needs and is willing to offer you a settlement. However, you should never accept an adjuster’s offer without first speaking to a Virginia wrongful death attorney. The other driver’s insurer might pay you enough money to reimburse your loved one’s medical costs or funeral expenses, but they likely will not account for other expenses.
Expenses the Insurance Company Will Ignore
- Emotional pain and suffering
- Loss of enjoyment
- Loss of companionship
- Long-term therapy
- Other injuries associated with an accident
How a Virginia Attorney Can Help Your Family Get Justice
People are sometimes reluctant to negotiate better settlements after a wrongful death because they do not want to profit off the loss of a loved one. But a wrongful death claim is about much more than money.
Other Reasons to File a Wrongful Death Claim
- Hold the at-fault motorist accountable for their wrongdoing, regardless of whether they face criminal charges
- Convince a negligent business, such as a semi-truck company, to change their policies, ensuring that nobody else has to suffer a similar loss
- Receive reimbursement for money you never expected to spend on a funeral
- Attain a sense of closure after successfully concluding legal proceedings
If You Lose a Loved One, You Need Kearney, Freeman, Fogarty & Joshi
Kearney, Freeman, Fogarty & Joshi, PLLC believes that nobody should be forced to pay the price for another person’s negligence. Our highly skilled and experienced team of attorneys can help you get the compensation you need to recover after an unexpected and tragic loss. However, you need to act fast. While Virginia law does not cap the damages available in a wrongful death claim, it does have a strict statute of limitations that could prevent you from getting justice if you wait too long to take action. You stand your best chance at recovery by speaking to a lawyer as soon as possible.
You do not have to wait for the insurance company to offer you a fair deal after suffering the loss of a loved one. Send Kearney, Freeman, Fogarty & Joshi, PLLC a message online, or call us at 1-877-652-1553 to schedule your free, no-obligation consultation.