We stand beside families who have lost someone to an accident and then had the at-fault party’s insurer reject the claim. This should never be the end of the story. Maison Law Accident & Injury Lawyers of Bakersfield can assist families in filing appeals and even lawsuits to win a second chance at earning justice.
Our Bakersfield Wrongful Death Lawyers offer an absolutely free case consultation to any family member. This meeting is always completely confidential. There’s no obligation for this meeting with a real Bakersfield attorney. It’s an easy way for families to understand their rights and learn how to fight back against an unhelpful insurance company.
Why You May Need a Lawyer If Your Wrongful Death Claim Is Denied
Families may file a wrongful death claim on their own and can file for an appeal themselves. But if a claim is tossed out, it’s often an indication that a case wasn’t backed with enough evidence, or that not enough pressure was placed on the insurer. Handling an appeal themselves without strengthening a case with better evidence and testimony may result in the same result for the family.
A skilled attorney can back a case with powerful evidence that may have been overlooked in an initial claim. Witness testimony and surveillance video may be obtained. Maison Law Accident & Injury Lawyers can also call in accident reconstruction teams in a fatal car accident to show exactly who was to blame.
Families already dealing with grief and loss may also be facing incredible debt due to someone else’s careless mistake. A lawyer can handle an appeal of any heartlessly denied coverage. This gives families in mourning time to support each other and cope with such a difficult time. A skilled attorney often also has the ability to secure much more in an appeal than a family on their own could win.
A Free Wrongful Death Case Consultation for Families
Families in the midst of a tragedy may be focused on many things other than a legal claim. That’s completely understandable. Instead of agonizing over whether they have a case or not, and if they should file a claim, families can seek out a free conversation with a real Bakerfield lawyer.
Maison Law Accident & Injury Lawyers of Bakersfield can help answer all questions and help those left behind decide if an at-fault party should be supporting the family.
Keep in mind that if families decide that a lawyer can help earn them more, they will never have to worry about how they’ll pay our law firm. We only get paid if we are successful in earning the family support. Then, our fee is paid out of the settlement check that an insurance company is forced to write.
What You Should Demand in a Wrongful Death Claim Appeal
Families who have been denied support after a tragic accident should never have to adjust their expectations when they make a second attempt.
It may be a driver’s mistake on Ming Avenue that causes a fatal accident. It could be a business or a property management company that fails to repair a deadly hazard. These parties must be held fully accountable. And there shouldn’t be any discount for insurance companies in an appeal or a lawsuit.
The family left behind should still demand help with all of the damages that arise after a terrible death. They should also expect help for years ahead, in a future where they won’t be able to count on financial and emotional support from a loved one claimed too early.
Maison Law Accident & Injury Lawyers would file an appeal and make sure it demanded these and other benefits:
- Payment of burial costs: any cost associated with a funeral service.
- Payment of medical expenses: A loved one may not pass away right away, but can build up thousands of dollars in medical bills and ambulance fees. The responsibility for these bills must be dropped in the lap of the insurance company.
- Replacement of income that’s been lost: paychecks that the victim earned weekly or monthly must be replaced. Families, especially a spouse and children, must not be sent into bankruptcy because they can’t afford to pay their rent or mortgage, car payments, or the cost of child care.
- The loss of emotional support: This might include the love and guidance that no longer serves as a support system for family members. A lost loved one may have provided a sense of protection and handled daily chores to keep loved ones secure in a home. Support should be factored in for the loss of major life events that have been changed forever. That can involve birthdays and holidays that will no longer benefit from a loved one’s presence.
- Support for grieving parents: Parents must receive support for the loss of companionship, which they’ll continue to cope with for their entire lives.
How to Earn an Appeal After a Wrongful Death Claim Rejection
California requires all car insurance companies and commercial liability insurance providers to offer a route to an appeal if they reject a claim.
Families who have lost a loved one can write an official letter requesting an appeal from an insurer that tossed out a wrongful death case. For families who have a legal representative, this letter would be handled by their lawyer.
The insurer should assign the family’s case to another adjuster and open the claim back up. This is a good chance for your lawyer to build a new claim, backed with important evidence that may have been left off in the first attempt.
A rejection letter can also be a great tool for families and their attorneys. This letter must specify why the insurer rejected the claim. The letter may not give a strong reason for what happened, but a lawyer can certainly correct any mistakes the insurer mentioned.
There are a couple of other options for grieving Kern County families.
- File a Lawsuit. Victims can also file a lawsuit against an insurer and take them to court. This can be a powerful tactic, because insurers want to avoid the expense of a trial. They may also want to avoid a bad look for their company. A skilled lawyer represents the threat of a lawsuit and can compel insurance providers to accept blame and offer what the family is asking for in a new settlement offer.
- File a Complaint with the California Department of Insurance. The CDI accepts complaints and checks out as many cases as they can. If they agree that an insurance company rejected your claim unfairly, they could punish the insurer and force it to send you a settlement check. But this route depends on a state government organization with a lot of complaints to sift through. Action can take a while.
Contact a Wrongful Death Lawyer in Bakersfield If Your Claim Is Denied
If you have lost a family member to a tragic and preventable accident, and your wrongful death claim is denied unfairly, contact us to schedule a free consultation. It’s a confidential, no-obligation review of your case with a real, local attorney.
We never want to see California families forced to agonize over financial issues simply because an insurer for an at-fault party wants to boost its profits. Let us earn you a second chance at earning what’s fair.
Remember, families in mourning don’t need to have any money to pay a lawyer to secure powerful legal representation. Maison Law Accident & Injury Lawyers of Bakersfield works on a contingency basis for families dealing with a tragedy. You don’t pay anything unless we win your case for your family. Then, our attorney’s fee comes out of the settlement check that an insurer must write for you.