The term accidental death benefits refers to a payment due to the beneficiary of an accidental death insurance policy, which is often a clause or rider connected to a life insurance policy. This benefit is usually paid in addition to the standard benefit payable if the insured died of natural causes. Depending on the issuer of the policy, an accidental death benefit may extend up to a year after the initial accident occurs, provided the accident led to the insured's death.
If you have an employer-funded AD&D insurance plan, the Employee Retirement Insurance Security Act (ERISA) applies. Because ERISA is a federal law, they will control your claim. ERISA accidental death claim appeals are more technical and complicated than their state law counterparts. If you are denied company-provided AD&D benefits, consult with an attorney before filing an appeal. A lawyer can help you understand your rights, guide you through the appeal process, and ensure that you properly develop your claim and support it by evidence. Compared to a typical contract or insurance claim, ERISA claims are governed by a complex series of rules. These rules impact the appeal process, your legal rights, and the filing deadlines. An experienced attorney knows the differences and knows how to handle both kinds of cases. Especially in the case of ERISA claims, time is of the essence. Sometimes we have as little as 60 days to submit proof to overturn a claim denial. Given these short deadlines, it is crucial you call an experienced lawyer as soon as you find out your claim has been denied.
We go to great lengths for our clients, and we are committed to examining every aspect of each case that we handle in great detail. With over 20 years of legal experience and a proven record of success in insurance and benefits denial cases, our Las Vegas law firm will help you take all the right steps in helping you submit the application, appeal and engage in the litigation process. We will protect your rights and aggressively advocate for your full compensation.
The death of a loved one is a terrible and confusing time. Too often, insurance companies may try to take advantage of your grief and confusion and may attempt to get out of paying you. The Accidental Death Benefit protects your loved ones from the financial burden that an accidental death can bring. Life and accidental death insurance can be very confusing, but we’re here to help. No matter the situation, you deserve to have someone fighting for you.
If you have concerns regarding the impact of COVID 19 on your short term disability claims, long term disability claims, and private or individual disability claims then please call Law Office of Julie A. Mersch at 702.387.5868 or send us an e-mail to schedule an appointment. We are located in the Las Vegas area. Whether you need a personal injury attorney or an ERISA Lawyer, you can turn to us with confidence.
Having a Las Vegas Accidental Death Benefits Lawyer advocating for you offers you the best chance of recovering a settlement or jury award that reflects the full extent of your injuries and losses. Having a skilled attorney on your side can allow you to focus on your recovery.
In order to collect accidental death benefits, you will need to show that your loved one's death was due to an accidental cause. Often, the insurance company will dispute whether the death actually resulted from an accident.
Moreover, every AD&D policy carries "exclusions" - causes of death that are specifically not covered. These vary from policy to policy, but some of the most common exclusions are:
In principle, insurance companies are required to pay out within 30 to 60 days of the accidental death. In practice, that's rarely the case. The insurance company may argue that they do not have enough information to determine whether the death was accidental. They may claim that the death was a suicide or other non-covered cause, and they will try to put the burden of proof on you to show that it really was a covered accident. If the insurance company is disputing your claim, you need to call the Law Office of Julie Mersch right away.
A surviving spouse can benefit from a wrongful death claim. A wrongful death claim can also be filed on behalf of any surviving minor children or underage heirs. But you should know that the Nevada laws regarding wrongful deaths are complex and a wrongful death claim must be brought by an administrator or executor through the estate of the deceased person. That’s why you should have an experienced wrongful death lawyer in Las Vegas on your side.
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