What To Do if Your Wrongful Death Claim Is Denied

Why Would an Insurance Company Deny a Wrongful Death Claim?

Many people believe that as long as they file a wrongful death insurance claim, and include sufficient supporting evidence, their claim will be approved. 

This would be true in a perfect world, but insurance companies have one main objective — to keep as much of their money as possible. As a result, they will look for any possible reason to delay, deny, or underpay a claim.

Sometimes, there really is a legitimate reason. For example, some insurance policies specifically exclude coverage for injuries or death due to extreme sports. If your loved one’s death happened while they were bungee jumping, the insurer could rightfully deny the claim.

However, many denials are less clear-cut. If your claim has been denied unfairly, it’s time to seek legal advice.

What Are Common Reasons for a Claim Denial?

Why do insurance companies deny claims​? There’s no singular reason. Every day, insurance companies across the country deny many types of wrongful death cases for various reasons. However, these are some of the most common reasons for wrongful death insurance claim​ denials.

Liability Disputes

Colorado has a modified comparative negligence standard. This means you may recover damages if your loved one’s degree of fault was less than that of the other party.

It might seem obvious to you that your loved one was not to blame for the accident that caused their death. However, if the insurance company sees it differently, they may deny your claim. 

Policy Lapses

If the at-fault party failed to pay their insurance premiums properly, their policy may have lapsed. In this case, you may need to sue the at-fault party directly.

Bad Faith or Dishonest Tactics

Some insurance companies will resort to dishonest or bad-faith tactics to avoid paying claims. Not all bad-faith tactics involve outright denials, and many insurers will try to delay or underpay a claim instead.

If your insurer denies your claim, look closely at the denial letter. If the language seems convoluted or unclear (or if there is no reason given for denial), there’s a chance the claim was denied in bad faith.

Can You Appeal a Denied Wrongful Death Claim?

Having an insurance claim denied​ after you’ve wrongfully lost a loved one can feel like a grave insult, and it can also be deeply discouraging. However, the good news is that your initial denial isn’t the end. 

If your insurance company denies your claim, and you believe you have a legitimate case, you have a right to appeal. You may file an appeal on your own if you wish, but working with one of our wrongful death lawyers​ will increase your chances of approval.

This is true for a few reasons: 

• Attorneys are deeply familiar with the many reasons insurers deny claims.
• They can help gather evidence to support your appeal.
• They can recognize and call out bad-faith insurance tactics.

Many insurance companies will try to deny even legitimate appeals if they think it will make a policyholder give up. However, if you have legal representation, the insurance company knows that if it doesn’t offer reasonable compensation, it will likely face a lawsuit.

What Steps Should You Take After a Denial?

The first thing you should do after a denial is attempt to understand the reasons behind it. You should receive a denial letter that outlines these reasons, but if they are unclear, you should contact the insurer.

If the reason for denial is unclear, or you think it isn’t legitimate, your next step should be to talk to an attorney.

How Long Do You Have To Act After Your Claim Is Denied?

To preserve your chances of gathering as much quality evidence as possible, you should speak to a lawyer as soon after a claim denial as you can. However, in Colorado, you generally have two years to file a wrongful death lawsuit.

Can You Still File a Lawsuit if the Claim Was Denied?

In Colorado, a claim denial doesn’t mean you cannot seek legal action. However, before you file a lawsuit, you should verify that you have a strong case.

When helping you navigate a denied wrongful death claim, attorneys will usually carefully scrutinize the circumstances of your loved one’s death. From there, they can tell you if you are likely to win your case.

What Evidence Can Help Strengthen Your Case?

How can a wrongful death lawyer help with a denied claim? One of the most important ways they can do so is by gathering evidence. Generally, our team will gather evidence that illustrates the negligence of the at-fault party, and the severity of the injuries leading to your loved one’s death.

Each case is different, but these are some of the most common types of evidence that can offer support:

• Police and accident reports.
• Statements from witnesses.
• Photos or videos of the scene of the incident.
• Medical records and progress notes.
• Testimony from experts.

If you can, keep any evidence (like medical bills or care summaries from hospitals) that may strengthen your case.

Why Trust Bachus & Schanker After a Claim Denial?

If you need a Denver denied wrongful death claim lawyer​, you shouldn’t just choose the first firm you hear about. Insurance companies have aggressive, highly paid attorneys on their side, and if you want to increase your chances of success, you need an attorney who will fight just as hard as they do. 

One of our firm’s founders, Kyle Bachus, lost his mother to a negligent truck driver. He understands the pain you’re going through, and his experience has motivated the entire Bachus & Schanker team to deliver the determined and compassionate representation our clients deserve.

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