Call an experienced disability benefits lawyer at 504-322-1488 to schedule your consultation.

Willeford & Toledano - ERISA

Call an experienced disability benefits lawyer at 504-322-1488 to schedule your consultation.

It can be tricky to make an accidental death claim

| Mar 12, 2020 | wrongful death

It is hard to imagine someone you love passing away unexpectedly. This is especially hard if the fatality occurred because of an accidental death and dismemberment. Some insurance policies may help cover you in the case that a spouse or loved one passes away in this manner. You may also be able to file an Employee Retirement Income Security Act (ERISA)claim as well.

The trouble with claims of this sort is that it can be hard to prove that the death was not of natural causes. For example, imagine if your loved one was traveling and a sudden medical issue lead to them being unable to drive. If they crash and are killed, the truth is that the insurance company may assert that the death was the result of the medical condition, even if the reality is that they would have survived it.

For instance, someone who has a seizure may normally be fine after a few minutes. If they’re behind the wheel when it happens, they could be unable to pull over in time and could have a collision. If they pass away, the reality is that you should be able to seek the benefits from an accidental death or dismemberment policy. The insurance company may argue that the death was natural, because there’s no way to know if a seizure will lead to death. However, your attorney will be able to help you argue that the death was accidental but not of natural causes.

This is a complex situation, and it’s one that you need to learn more about. With good information, you can decide if you can make a claim or appeal a denied claim.