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Accidental Death and Dismemberment Claims

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Accidental Death and Dismemberment Claims

16 Oct, 2018
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A common insurance many employers offer employees is AD&D, which stands for accidental death and dismemberment. This insurance pays out a benefit if an insured person loses a limb or the ability to talk, see, or hear. It also pays a benefit if the insured dies in an accident.

AD&D insurance policies are often subject to the federal ERISA law, which can come into play if your insurance carrier tries to deny you benefits. Because injured employees and their families need these benefits, it is best to meet with an experienced Chicago ERISA attorney as soon as possible after an injury occurs.

Reasons Insurers Deny Claims

Insurers deny AD&D claims for many of the same reasons that they deny long-term disability claims. In fact, insurers can be quite creative in finding ways to deny benefits, which of course increases the insurance company’s bottom line—at the expense of an injured person and his or her family.

At the Law Offices of Michael Bartolic, we have seen many reasons given for denials of AD&D claims, such as:

  • Claiming the deceased committed suicide. This argument can be made in a variety of contexts, such as head-on collisions, drug overdose deaths, and pedestrian injuries.
  • Blaming the victim for causing his or her own injuries. For example, the insurer might claim that the victim enjoys racing cars, which explains why he or she was in an accident.
  • Arguing that an intervening medical event actually caused the death, not an accident. For example, someone might get in a car accident and then suffer a stroke. The insurance company might claim these are unrelated.

Receiving a denial can often be shocking, especially if the insurer makes an unfounded claim that your loved one was suicidal with little evidence to back it up. Do not lash out at the insurance company. Instead, quickly call a Chicago ERISA attorney.

How We Can Help

An initial denial rarely ends the matter. In fact, federal law provides you with the option of suing once you have exhausted all internal administrative appeals.

To build the strongest case possible, you need an experienced attorney in your corner. At our office, we are detailed and understand how to display the facts in your favor. We can also closely scrutinize the insurance policy to make sure that your loved one’s death or serious injury is covered by the policy.

In some situations, you might need to file a lawsuit in court to receive the benefits you need, so hiring a lawyer with courtroom experience is important.

Speak to an ERISA Lawyer in Chicago Today

If you or a loved one was seriously injured, or if you lost someone close to you, then you are probably in a great deal of stress. Now is the time to hire an experienced ERISA attorney who can lift this heavy burden off your shoulders and fight to get you the AD&D benefits you deserve.

Call the Law Offices of Michael Bartolic today, 312-635-1600. We offer potential clients a free consultation during which you can ask questions and talk about your case.

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