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Posted in Uncategorized on January 26, 2022
When an individual loses their life as a result of an accident at work, there may be various ways for family members and the estate to recover compensation. In some cases, it may be possible to recover compensation through an insurance settlement. This can include the deceased’s personal life insurance or the insurance carrier of another party that caused the death. Additionally, it may be necessary to file a personal injury lawsuit against an at-fault party to recover compensation in these situations.
It is not uncommon for individuals to have life insurance that pays out compensation to family members in the event an accidental death occurs. An unfortunate challenge in these situations is actually dealing with the insurance carriers and getting them to pay the money in a timely manner.
Insurance carriers are typically for-profit entities and use various tactics to limit how much money they payout for a settlement. As harsh as it may seem, this includes attempting to lower the amount of compensation for an accidental death claim or even deny the claim altogether.
If you need to file an accidental death claim with your loved one’s insurance carrier, there will be various steps in place that you will have to follow. Each insurance carrier is different, but this typically involves a few steps that are common between the carriers:
We strongly encourage you to contact a skilled attorney who has experience reviewing life insurance contracts so you can be sure that the insurance carrier is treating you fairly.
Another route towards recovering compensation after losing a loved one is filing a wrongful death lawsuit against the alleged negligent entity or individual who caused the death. In the state of Arizona, wrongful death claims can be filed by:
Wrongful death claims must be filed within two years from the date of death, or it is likely that the case will be dismissed by the court. Wrongful death claims arise in various ways, but it must be shown the other party was negligent in causing the death of your loved one. In order for negligence to be adequately shown, there are four elements that must be in place. This includes:
We strongly recommend that if you have a loved one that lost their life at work, you reach out to a skilled Phoenix work injury lawyer who has experience handling these claims. A lawyer will be the one to conduct an investigation into the incident, gather the evidence needed to prove liability, and handle all communications with other parties involved.