Dealing With Insurance Companies After a Fatal Car Accident in Ohio: Legal Insights

If you’re injured in a car accident you didn’t cause, you might choose to file a personal injury claim to cover your losses. But what if you lose a loved one in a fatal car accident in Ohio?

If this happens, you might consider filing a wrongful death claim. However, because insurance companies avoid paying claims whenever possible, you should understand how to deal with insurance companies before filing your claim.

How Insurance Companies Handle Fatal Car Accident Claims

After a car accident in Ohio, insurance companies will usually investigate before paying a claim. The more serious the claim, the more involved that investigation is likely to be. While each case may be slightly different, most insurance companies will follow this general process when handling claims for fatal car accidents:

Investigating the Accident

Insurance companies investigate all major accidents, but in an accident severe enough to involve a fatality, they’re especially thorough. After the insurance company assigns an adjuster, the adjuster will review accident reports, medical records, statements from witnesses, and other information.

Determining Fault

Once the adjuster’s investigation is complete, the insurance company will determine who was at fault for the accident. If insurers for both involved drivers disagree on fault, the court may need to decide.

Settlement Negotiations

If the insurance company determines that the other driver was at fault, it will likely offer you a settlement. However, as a general rule of thumb, you should never accept the initial offer. This is typically a lowball settlement, and your attorney will likely be able to negotiate a better offer.

Going to Court

When handling fatal car accidents, insurance companies almost always want to settle. However, if both sides cannot agree on a settlement, the case may need to be decided in court.

Common Tactics Insurers Use to Minimize Payouts

Insurance companies are adept at avoiding paying more than they absolutely have to. When you file a wrongful death lawsuit, your insurance company might try tactics like these to minimize the amount they have to pay:

Offering Fast, Lowball Settlements

Insurance companies understand that you may be financially struggling and grieving after losing a loved one. When you file a wrongful death claim, they might offer a very low settlement in hopes that you’ll take it to offset your immediate needs.

Making Excessive Requests for More Documentation

This is a sneaky delay tactic insurers often use. They might repeatedly request documentation of a claim even after your insurance claim has been thoroughly documented. Unfortunately, this tactic often makes claimants give up before their claims are paid out.

Unreasonable Delays

Insurance companies often deliberately delay claims in hopes that you’ll give up — or accept an unfairly low settlement. They also might delay claims to pad their profits. The longer they can hang onto their money, the more interest it earns.

What to Say (and Not Say) to Insurance Adjusters

Many people make the mistake of thinking that their insurance companies are on their side. However, insurance companies look out for their own interests above all. When talking to an insurance adjuster — even an adjuster for your own insurance company — follow these tips to maximize your chances of a successful claim:

• Never admit fault (on your part or the part of your loved one)
• Never discuss the nature of your loved one’s injuries or the circumstances of their death
• Never make a recorded statement
• Don’t offer extra information

If you’ve just lost a loved one in an accident, you’re grieving — and thinking clearly may be difficult. It’s best to hire a wrongful death lawyer and let your lawyer deal with the insurance company for you.

Maximizing Compensation for Your Loss With a Wrongful Death Attorney

Technically speaking, you may file a wrongful death claim without a lawyer — there’s no law that says you must have an attorney to pursue an insurance claim or even a lawsuit. However, in virtually every case, you’ll be able to recover far more compensation with an attorney than without one:

• Attorneys are skilled negotiators and can often persuade insurers to offer you a fair settlement
• Insurers are incentivized to settle because they know attorneys can take the case to court if needed
• Your attorney can accurately value your case before seeking compensation

It’s also important to note that working with a wrongful death lawyer is almost always risk-free. Almost all wrongful death attorneys work on contingency. This means that they only get paid if you do; if they secure compensation for you, you agree to pay them a percentage. If they don’t recover any compensation for you, you pay nothing.

FAQ

Should You Hire a Lawyer for a Wrongful Death Claim?

Yes. In most cases, you can recover more compensation with an attorney than without.

How Much Does It Cost to Hire a Wrongful Death Lawyer?

Most wrongful death lawyers work on contingency. This means that you pay nothing up front, but you agree to pay a percentage of the compensation they secure for you.

How Long Does It Take to Settle a Wrongful Death Claim After a Fatal Car Accident in Ohio?

That depends on the circumstances of the case. Generally, complex accidents involving substantial damages take longer to settle.

Have You Lost a Loved One in a Fatal Car Accident in Ohio?

If you’ve lost a loved one in a car accident, it might feel pointless to file an insurance claim. After all, there’s no sum of money that can make up for the loss of your loved one.

However, a wrongful death lawsuit isn’t about replacing your loved one — it’s about holding the at-fault driver accountable, covering funeral and burial arrangements, and supporting yourself as you grieve.

Whether you’re sure you want to file a wrongful death claim or you’re just considering your options, The Moore Law Firm is here to help. Call us today or get in touch online to schedule your free consultation.