Dirty Tactics That Adjusters Use to Deny Wrongful Death Claims (Is Your Family Going to Get Cheated?)

There’s no sense in sugarcoating it: Losing a loved one is one of the worst things that can happen to a person especially when their death was at the hands of someone else’s carelessness. Whether the result of a motor vehicle accident, slip-and-fall, dangerous or defective product, or due to a negligent medical professional, families have a right to seek justice for the deceased through filing a wrongful death claim. But what a lot of grieving families don’t know is that once a claim is filed, they’re pitted against an opposing force: insurance adjusters taught to defend profits over people.

Insurance companies will fight tooth and nail to minimize or delay the coverage of wrongful death payout. This guide reveals the dirty tricks insurance adjusters employ in wrongful death cases—and how you can take essential steps to safeguard your family’s financial future while honoring your lost loved one.

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What is a Wrongful Death Lawsuit?

A wrongful death lawsuit allows a family member or other person with legal standing to recover compensation if someone is killed because of another’s wrongful conduct. Such claims may be damages for:

Funeral and burial expenses

That you did not make what you might of in the future to the same extent

Medical expenses incurred before death

Loss of the society, guidance, and support

Survival action (pain and suffering of the decedent)

Since wrongful death claims can be large, insurers have incentive to vigorously contest them. Below is a list of some of the dirty tricks that insurers may try to use against you, and how you can protect yourself.

Pretending to be sympathetic

while pretending to be sympathetic in order to gather evidence to discredit your claim

Insurance adjusters may appear friendly, nice, and helpful in order to win your trust. But their mission is to collect information to use against you.
They may ask:

“Tell me exactly what happened.”

“Did your loved one have any medication or stress?”

“Anyone else present who can confirm what happened?”

Although these may seem innocent or insignificant questions, adjusters are actively listening for any information with which to assign blame, dispute your claim, or minimize responsibility.

How to Protect Yourself:

Limit the conversation with the insurance company to brief, matter-of-fact responses.

Never give a recorded statement without a lawyer.

Kindly defer all inquiries to your wrongful death lawyer.

Contesting Your Legal Ability To Sue

Insurance companies may challenge your right to file a wrongful death claim, especially if they have lost a loved one in accidents like:

Unmarried partners

Estranged family members

Stepchildren or adopted children

Multiple heirs or claimants

They might capitalize on this confusion to drag out your claim or pressure you into accepting a lowball settlement.

How to Protect Yourself

Understand your state’s wrongful death laws; here, “eligible survivors” is defined by each state.

Have your lawyer demonstrate that you have the right to file on behalf of the estate or the survivors.

Don’t let the adjuster settle your legal position, allow either the court or your attorney to do so.

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Undervaluation of the Claim

In a wrongful death case, the damages involved are typically both economic as well as non-economic. Adjusters might pay attention only to the deceased’s current income or medical costs, failing to consider long-term losses such as:

Future earnings

Retirement benefits

Emotional and loss of companionship and consortium

Value of baby-sitting or contribution to the house

They want me to underprice them so they can rip them off for pennies on the dollar.

How to Protect Yourself:

Collaborate with a lawyer who can compute the total economic and emotional loss using economists and vocational experts, when necessary.

Don't settle early without proper documentation of your damages.

Think about what your loved one’s absence will mean long-term, financially and emotionally.

Dragging Out the Claims Process

Families who are in mourning are known to be in distress and in need of funds. Adjusters prey on this by stalling for time, making redundant requests for documents or saying they need more time to investigate.

Their tactic is basic: Just ameliorate you so that you’ll simply take their low offer when you are desperate.

How to Protect Yourself

Document all of your communications and a timeline, follow up in writing.

Set reasonable deadlines for responses.

You can hire a wrongful death lawyer to apply the pressure, legally, and Sue if necessary.

Using “Nuisance Value” Settlement Offers

Some adjusters will push a little money (typically a few thousand dollars) across the table and hope you’re kind enough to settle, just to “put all this behind you.”

They can undermine the value of the claim by stating:

“There’s no assurance a jury would give more.”

“This is what happens with cases like yours.”

“Better to settle now than go into court for years.

The reality is that we can get you so much more than what your family may legally be owed.

How to Protect Yourself

Never take a settlement offer until you have discussed it with your lawyer.

Beware of pressure or time-limited offers.

Make sure the settlement covers all damages, which could span long-term loss and emotional impact.

Stalking your Social Media

Adjusters or their attorneys will keep tabs on your social media in search of any posts that:

Claim you are “doing fine” after the death

Opposite what is alleged in the claim

Can use to reduce emotion suffering or distress

A smiling family photo or a picture of you on vacation can be twisted into evidence that your family isn’t hurting.

How to Protect Yourself

Lock down all of your social media profiles.

Do not say or do anything connected to the incident, claim or how you feel about it.

Tell friends and family not to tag you or talk about the case online.

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Reasons You Should Have A Wrongful Death Lawyer

If your or a loved one is the victim of wrongful death, you are undoubtedly dealing with emotional and legal complexities.

A skilled attorney can:

Create accountability through evidence and expertise

Value economic and emotional loss appropriately

Handle all adjuster communication

Handle all communications and negotiations

It is NEVER too late to discuss your situation and your legal rights with an attorney. Make the case for trial if needed
Insurance companies have teams of adjusters and attorneys that are not on your side; you're against them.

It’s tragic to lose a loved one. The last thing your family needs is to have to navigate an insurance adjuster trying sneaky maneuvers to avoid delivering justice. From deflecting responsibility to dragging out the process, their objective is to safeguard their company’s bottom line not to aid with your recovery.

Protect your rights. Demand accountability. You need a wrongful death lawyer who’ll fight for the justice your loved one deserves.

SCHEDULE A FREE CONSULTATION TODAY!

Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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