Insurance companies deny wrongful death claims in Chicago for a variety of reasons, ranging from disputes over who caused the death to technical issues with how the claim was filed. Some denials are based on legitimate coverage questions, while others are strategic moves designed to discourage families from pursuing the full value of their case. Regardless of the reason, a denial does not mean your claim is over. Illinois law provides families with legal avenues to challenge these decisions and fight for the compensation they deserve.
Here are some of the most common reasons insurers deny wrongful death claims in Illinois and what you can do when it happens.
Disputing Liability
One of the most frequent reasons for a denial is a dispute over who caused the death. For example, the insurance company may argue that their policyholder was not at fault or that some other third party should bear the blame.
Illinois follows a modified comparative negligence standard, which means a claim can be reduced based on the deceased person’s share of fault. If the insurer can argue that the deceased was more than 50% responsible, they may deny the claim outright. However, even when the evidence clearly points to the policyholder, insurers will sometimes push this argument early in the process to see if the family backs down.
Questioning the Cause of Death
Insurers may also challenge whether the policyholder’s negligence actually caused the death. This is relatively common in cases involving pre-existing medical conditions, where the insurance company might try to argue that the deceased would have died regardless of the accident.
These arguments can be difficult to counter without compelling medical evidence. An autopsy report, expert medical testimony, and thorough documentation of the timeline between the incident and the death are all critical to overcoming this type of denial.
Policy Exclusions and Coverage Limits
Sometimes the denial isn’t about fault at all; instead, the insurer may point to a specific exclusion in the policy that they believe applies to the circumstances of the death. They may also assert that the policy’s coverage limits have already been reached, particularly in cases involving multiple claimants from the same incident.
Procedural Issues
Insurance companies look for any technical reason they can to deny a claim, such as missed filing deadlines. The statute of limitations for most wrongful death lawsuits is two years from the decedent’s death, though there are exceptions for some cases. This deadline also relates to insurance claims in that your claim must be completely finalized before it expires.
Contact a Chicago Wrongful Death Lawyer With Meyers & Flowers for Legal Help
A denial from an insurance company is not the end of the road. In many cases, it’s just the beginning of a more serious legal process. An experienced wrongful death lawyer in Illinois at Meyers & Flowers can review the denial and take the steps necessary to hold them responsible on your behalf from there.
Schedule a free consultation with us today at (630) 576-9696 to learn more. We’ll do everything in our power to help you and your loved ones pursue justice and maximum compensation.