Upset Woman Looking at Her Phone After a Wrongful Death

After the death of your loved one as the result of wrongful death, you may have insurance adjusters contacting you to settle the case. The insurance company has a goal to settle the case as quickly as possible and for the least amount of money. They are not concerned about you personally and do not put your best interests as their priority. Before talking to an insurance adjuster, consult with an experienced wrongful death attorney to help you understand your legal rights and what compensation you may be entitled to receive.

Tips for Dealing With Insurance Adjusters

It can be overwhelming knowing what you can or cannot say to insurance adjusters when they call after your loved one's untimely death. They may start asking you questions about the accident that caused your family member's death and demand answers. You may be unsure what is a fair settlement and the adjuster may try to reassure you that they have your best interests in mind. This is not always the case. It is important to understand that the insurance company is not on your side and is not working on your behalf.

If you are contacted by an insurance adjuster regarding a wrongful death case, consider the following tips:

  • You do not have to say anything or answer questions. Your responses may be recorded and used against you and your wrongful death case. You can direct any and all communication with the insurance adjuster to your attorney. An attorney will protect your legal rights and talk directly to the insurance company. You will not have to communicate with them once you hire an attorney to represent your case.
  • You do not have to accept the money they offer you for funeral expenses or other costs. They may try to offer you a small settlement and get you to accept immediately. Understand that once you accept money for the wrongful death case, you will not be able to pursue any other financial recovery.

In addition to being careful about what you say to an insurance adjuster, you will also want to avoid posting on social media sites about your loved one's death. Anything you post can also be used against you in your case and could jeopardize if you get a fair settlement.

How an Attorney Can Help

Consulting with a wrongful death attorney after you lose a loved one due to wrongful death can help ensure you get a full and fair recovery. An attorney can guide you through the claim process and make sure your legal rights stay protected. In addition, an attorney will make sure that you file your claim within your state's specific statute of limitations. Many states require you file your case within two years of the date of your loved one's death, not the date of the accident.

Some ways an attorney can help in a wrongful death case are:

  • Investigate and gather evidence for your case
  • Communicate and negotiate with the insurance adjuster
  • Calculate a fair value for your claim
  • Review proposed settlements and determine if the settlement is one you should accept
  • Represent you if the case goes to court

If you lost your loved one due to someone else's negligence or intentional actions, you and your family may be able to recover the following damages:

  • Medical bills from the time of the accident until the death occurred
  • Funeral and burial costs
  • Loss of income from the time of the accident until the time that your loved one would have retired
  • Loss of companionship
  • Pain and suffering
  • Other out-of-pocket expenses

If you lost a loved one due to wrongful death, contact our experienced lawyers at Hupy and Abraham for a free consultation. To set up a confidential appointment in any of our 11 Midwest law offices located throughout Wisconsin, Iowa, and Illinois, you can fill out our convenient contact form online or call us at 1-800-800-5678.


Jason F. Abraham
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Helping car accident and personal injury victims throughout Wisconsin, Illinois and Iowa since 1993.