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A Guide to Accidental Death and Dismemberment Lawsuits

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If your car accident or accidental death and dismemberment claim has been denied and you aren’t sure why you, then you may need the help of an experienced attorney.

It may be hard to comprehend a claim denial, especially when you have to also deal with the death of a loved one, so it may be best to consider hiring an attorney. This brief article will discuss accidental death and dismemberment insurance, hiring a bad faith lawyer, and other important information.

What Is AD&D Insurance?

Accidental death and dismemberment insurance policies, also known as AD&D policies, pay the listed beneficiary a lump sum of money when the insured dies or loses their limbs in an accident. Accidental death and dismemberment is also known as AD&D.

You or your loved one may have an AD&D insurance policy through their employer or life insurance company. Employers offer some policies that can cover the employee’s dependents or may only extend this AD&D coverage to when the employee is traveling on a work trip.

If you have an accidental death and dismemberment insurance policy through your employer, make sure to remember that once you leave the company, you no longer have that coverage. It is better to have a personal life insurance policy with an AD&D rider, so you and your family are covered in the event of accidental death.

AD&D insurance is usually added as a rider to life insurance policies, and it is also known as double indemnity. Double indemnity means that the policy will pay out equal or two times the standard insurance policy’s amount. It is important to note that accidental death and dismemberment policies are not a replacement for life insurance.

Benefits that the AD&D policy can cover:

  • Loss of use
  • Bereavement counseling
  • Rehabilitation
  • Daycare
  • Legal and financial advice for the survivors
  • Permanent total disability
  • Education costs for children
  • Counseling for the survivors

What Is an Accidental Death?

Accidental death is when someone passes away due to anything else other than natural causes. For example, if the insured died in a car accident, homicide, or drowning.

If the insured were to have died from cancer or a heart attack, this would be a natural cause of death. The accidental death must happen within a specific time period, usually about 90 days, from the accident.

What Is Dismemberment?

Dismemberment is the loss of a “member,” which can be a limb (hand, leg, fingers, arm), paralysis, or the loss of a special sense (hearing, speech, vision). Many AD&D policies require the loss of two limbs or sight in both eyes. Some policies will allow for partial benefits for lesser losses like losing vision in one eye instead of both and one limb instead of two.

Your policy may state that you can qualify for 50% of your coverage amount if you lose one limb. If your policy is not properly paying out on your dismemberment claim, you can contact an attorney to help you file a dismemberment lawsuit.

How to File an AD&D Claim

When you are getting ready to file an accidental death and dismemberment claim, it is essential to have copies of medical records, an autopsy report, and the death certificate.

You may also need to provide any other documentation showing that the death or dismemberment resulted from an accident and not natural causes. Having all the necessary documentation upfront will help avoid any claims of misrepresentation on your part.

Accidental Death and Dismemberment Exclusions

Like all kinds of insurance policies, there are exclusions in the AD&D policies. Because this policy is specifically for accidental losses that the insured did not intend to happen or because of natural causes, there are strict exclusions.

The exclusions most AD&D policies carry are:

  • Death while under the influence of alcohol or non prescribed drugs
  • Death from a mental illness
  • Racing car accidents where the insured was a driver or passenger
  • Sickness or disease
  • Flying a plane or working as a flight attendant
  • Suicide
  • Death that occurred during a war

What Is a Wrongful Death Claim?

Wrongful death usually happens when someone dies due to the negligence or misconduct of another person. Examples of wrongful deaths are car accidents, medical malpractice, manufacturing defects. The deceased’s survivors, who are usually children or spouses, can file a wrongful death claim.

In Nevada, the statute of limitation for filing a wrongful death suit is two years. Every state is different based on where the death happened, so it is essential to contact a lawyer as soon as possible so they can sort that all out for you.

The damages that you can claim under a wrongful death suit are:

  • Medical and funeral expenses
  • Loss of support and income
  • Pain and suffering

What Is a Bad Faith Lawyer?

Bad faith is when an insurance company refuses to pay on a legitimate claim or if they fail to investigate a claim within a timely manner. Another example of an insurance company acting in bad faith is failing to disclose policy limits and exclusions before a customer purchases a policy.

A bad faith lawyer is a lawyer who can represent you if an insurance company acts in bad faith. For example, if an insurance company knowingly declines to pay a claim without evidence, it may be acting in bad faith.

There are exceptional bad faith lawyers who can handle bad faith claims or wrongful death claims. It is essential to do your research to find the best accident lawyer in Las Vegas so they can make sure that you get the payment you and your family deserve.

Car Accident Lawyer

Suppose you or your loved one has been involved in a car accident that resulted in catastrophic injuries such as brain injuries, neck or back injuries, spinal injuries, or internal injuries and bleeding, or the accident involved death. In that case, you may want to consider reaching out to an injury lawyer.

An insurance claim accident lawyer will handle negotiation on payment for pain and suffering and your medical bills, so you don’t have to. When you hire one of the best personal injury lawyers in your area, they will make sure you get everything you deserve from the auto insurance company while you rest and recover from the incident.

My Auto Claim Was Denied

The biggest reason auto insurance companies deny claims is because there was not enough evidence to prove the other driver was liable. It is incredibly frustrating, but if you receive a claim denial, you could request a letter from the insurance company explaining why the claim was denied, or they can explain it to you over the phone.

If your claim was denied because you did not provide enough evidence, you might want to ask the insurance company they need to prove liability. Sometimes the insurance company requires a police report, a witness statement, or other evidence to prove that their insured was at fault.

Suppose you feel like you have already provided more than enough evidence or information. In that case, it is best to partner with a lawyer so they can figure out what the insurance company needs so you can receive proper compensation for your injuries.

My AD&D Claim Was Denied

There are some cases where an insurance company will deny a claim for legitimate reasons, but there are instances when an insurance company wrongfully denies your claim.

In those instances, the insurer may have failed to investigate the claim before making their final denial decision properly. If the insurance company denied your accidental death and dismemberment claim, it might be best to hire a lawyer.

Your attorney will look over your case and send over a demand letter to the insurance company. If the insurance company fails to comply or fails to respond, your attorney may start a bad-faith lawsuit. The whole claim process may be a lot on your own, so it is better to hire a more knowledgeable attorney in the subject matter.

Team up With Experienced Lawyers

If you or your loved one has suffered injuries or dismemberment from the neglect of another person or company, you are going to want to team up with an experienced law firm that doesn’t charge you anything until they win.

Here at the Heidari Law Group, we offer free consultations 24/7 and have a proven track record of winning many bad faith lawsuits and other lawsuits without having clients pay anything out of pocket until the end of the suit. Contact us now so we can get you the compensation you deserve.

***Disclaimer: This blog is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this blog, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.

Sam Heidari

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Sam Heidari

Sam Ryan Heidari

Sam Heidari is the founding principal of Heidari Law Group, a law firm specializing in personal injury, wrongful death, and employment law with offices in California and Nevada. Sam Heidari has been practicing law for over 11 years and handles a wide range of cases including car accidents, wrongful death, employment discrimination, and product liability. The Heidari Law Group legal firm is known for its comprehensive approach, handling cases from initial consultation through to final judgment. Sam Heidari is dedicated to community involvement and advocacy for civil liberties.

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