One of the last things you expect to worry about when someone in your family dies is having to fight with an insurance company to cover the medical expenses. If the death of your loved one was caused by an accident, however, it sometimes happens that the victim’s health insurance provider may choose to delay or refuse to pay these expenses.
Why? The health insurance company may believe these costs should be paid by another insurance provider. For example, if your loved one’s death was the result of a car accident caused by a negligent driver, then a claim for compensation may be filed against that driver’s car insurance for medical expenses and other losses. The health insurance company will use what is known as a subrogation clause, written into its policy, to ensure that reimbursement for expenses comes from the liable party.
If you are having trouble getting medical bills paid after losing a loved one in an accident, you should learn about your legal rights. If the accident was caused by someone else’s negligence, you may be entitled to compensation through a wrongful death claim. Contact Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., today to schedule your free consultation.
What Is Subrogation?
In the context of insurance claims, the word “subrogation” means that an insurance company has a right to recover any payments it owes or provides to you (under the terms of your policy) by taking actions against third parties. This explanation may be a bit confusing, so here is an example to make it clearer:
A person is hurt in a car accident that was caused by someone else. The victim requires emergency medical care but later dies from the injuries. Typically, the victim’s health insurance would initially pay for the covered medical expenses. However, when the victim’s family pursues a wrongful death claim, the health insurance company would seek reimbursement for those expenses from the liable party.
Usually, this subrogation process takes place in the background, and you rarely know it is happening as part of your wrongful death claim.
However, if a health insurance company is refusing payment for your loved one’s medical bills, indicating someone else is liable, you should speak to an attorney about your options for filing a wrongful death lawsuit.
How an Attorney Can Help with a Wrongful Death Claim
After the tragic death of a loved one, your family deserves answers. The knowledgeable wrongful death attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., can evaluate your case and help you demand the full compensation and justice you deserve.
When you trust our respected trial law firm to handle your case, our attorneys will:
- Thoroughly investigate the facts and circumstances of the incident that cost your loved one his or her life
- Analyze physical evidence and accident reports
- Interview witnesses
- Work with experts to reconstruct the circumstances that led to your loved one’s death
- Identify any and all responsible parties
- Document the full extent of damages
- Handle all the legal matters and communication with insurance companies
- Prepare your case for trial and argue in court if it is in your best interest
Our goal will be to get your family the full and fair compensation you deserve after a wrongful death. While we realize that no amount of money can bring your loved one back or lessen the grief you are feeling, we have seen how a monetary recovery can help protect families from the financial stress and strain that comes in the aftermath of a tragic loss.
Damages in a Wrongful Death Case
Damages in a wrongful death case will usually include all the expenses incurred and other losses your loved one i suffered between the time of his or her injury and the time of death. These damages may include:
- Medical and hospital costs and fees
- Physical and emotional pain
- Conscious pain and suffering
- Funeral and burial expenses
- Compensation could also include payment for other things you would have received from your loved one if he or she had lived. These losses include such things as:
- Love, comfort, companionship, care, maintenance, support, services, advice, and counsel
- Emotional pain, and suffering
While it is difficult to put a price on such losses, your attorney can help you through this difficult process. It is only fair and just that you receive payment for the full range of damages suffered by your loved one and your family.
Talk to a Wrongful Death Lawyer Now
Dealing with a loved one’s death is never easy. However, when that death could have been prevented, a family’s grief can be compounded by frustration and anger. You should not be left arguing with insurance companies during this difficult time.
Call us today for a free, confidential consultation to learn how our compassionate wrongful death attorneys can help you. Our attorneys will work tirelessly to get answers to all your questions, seek the compensation you need, and demand the justice you and your loved ones deserve.
Some of the results our dedicated team has recovered for families include:
- $14 million settlement against a hospital after medical malpractice resulted in a patient’s death
- $10.5 million verdict for a woman who was “buried alive” in a crash
- $9.25 million recovery after a fatal motorcycle accident
Every case at our law firm is directly managed by a partner. Every case is also supported by as many associate attorneys, paralegals, and support staff as needed to prepare for trial and demand the maximum compensation you and your loved ones deserve.
Schedule your free consultation today to learn how we can help your family during this difficult time.
Co-founder and senior shareholder of our law firm, Philadelphia medical malpractice attorney Kenneth M. Rothweiler began his career as a legal clerk for the Superior Court of Pennsylvania. Dedicated to complex personal injury litigation, he has tried more than 100 jury trials. These cases resulted in some of the largest verdicts in Pennsylvania.