Some life insurance policies provide additional benefits when the policyholder suffers an accidental death. When these benefits are double the standard compensation, this is known as a “double indemnity” claim. While these policies seem straightforward, insurers often deny these claims.
If you have a wrongful death case and a life insurance policy that includes double indemnity, you may be able to recover compensation from both the liable party and your loved one’s life insurance provider.
Double Indemnity Is Available Only if Accidental Death Occurs
In general, an accidental death should be any death that does not occur because of a health condition or other natural causes. Based on this definition, you should be able to collect double indemnity benefits based on intentional acts, such as murder.
Deaths caused by negligence should also qualify. This could include:
- Motor vehicle collisions
- Pedestrian and bicyclist accidents
- Dog bites
- Drownings and pool accidents
Insurance Companies May Try to Avoid Paying Out These Benefits
Because double indemnity costs the insurance company a lot of money, there are many exceptions, and they may fight claims for them. Some common exceptions include:
- When a named beneficiary causes the death
- When the policyholder’s negligence caused the accident
- If the policyholder was drunk or using drugs when their injuries occurred
They may also deny claims or refuse to sell a double indemnity policy if the person works in a particularly risky job. For example, this type of coverage might not be available for miners, oil rig workers, or race car drivers.
For a free legal consultation, call (800) 537-8185
Can I Fight a Denial of My Family’s Double Indemnity Claim?
If the insurance company denied your family’s double indemnity claim, you may be able to challenge the denial and provide proof that:
- Your loved one died in an accident; and
- Someone else’s negligence caused the accident.
You may need to investigate the accident, gather evidence to prove what happened and who caused it, and show that your loved one played no role in causing the incident except being a victim.
How Is This Related to a Wrongful Death Case?
If your family member died in a negligence accident, you may also have a wrongful death action against the liable party. Filing a civil case could allow you to recover compensation for yourself and other immediate family members. This is crucial to know because of the possibility of financial recovery but also because the evidence necessary for a wrongful death case is the same evidence proof you will need for your double indemnity denial appeal.
You can talk to our firm for free today to learn more. We can assess your legal options during this initial conversation. If you decide to work with an attorney from our team on your claim, we can:
- Protect your right to pursue compensation
- Investigate your loved one’s death and support your claim with evidence
- Prepare the claim and negotiate with representatives for the liable party
- File a lawsuit, if needed
- Provide the necessary evidence and representation to the life insurance company
Your Wrongful Death Case Will Need to be Filed by a Certain Deadline
Wrongful death statutes differ from state to state, sometimes significantly. Your lawyer will be able to explain the specific rules for seeking compensation and the damages available in your state. The wrongful death statutes in the Gulf South are:
- Ala. Code § 6-5-410 in Alabama
- Ark. Code Ann. § 16-62-102 in Arkansas
- La. Civ. Code Art. 2315.2 in Louisiana
- Miss. Code Ann. § 11-7-13 in Mississippi
Can a Personal Injury Attorney Help You Secure the Double Indemnity Payment?
In some cases, the personal injury lawyer managing your wrongful death case may also be able to represent you in the appeal of your double indemnity denial, as well. We may be able to negotiate your benefits or take other actions on your behalf. You will need to discuss this with us during your consultation or as soon as you learn about the issue.
An attorney from our firm can provide several advantages over trying to navigate this on your own, including:
- A strong argument to prove negligence caused the accident
- A network of experts who can support the case
- Experience in similar cases and settlement negotiations
- Knowing how insurance companies work and the tactics they use
- The ability to analyze and understand the policies and exceptions in question
- Knowledge of the applicable state laws and good faith practices
If you have not filed a life insurance claim that could include double indemnity benefits, an attorney from our team may be able to compile the necessary evidence to support your claim before you get started. This will be mostly the same proof used against the liable party in your wrongful death case.
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Learn More from Morris Bart, LLC, Today During Your Free Consultation
The Morris Bart law firm has an attorney available who can review your claims and legal options with you. We provide free case reviews in Alabama, Arkansas, Louisiana, and Mississippi.
Call (800) 537-8185 now to reach the office closest to you and learn how a lawyer familiar with cases like yours could help you seek compensation.
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