When a wrongful death claim is filed in Massachusetts, insurance adjusters play a central role in evaluating liability, damages, and potential settlement value. Families pursuing these claims should understand how adjusters approach their investigation and what strategies they use to protect the insurance company’s bottom line. By knowing these steps, claimants and their attorneys can better anticipate the challenges that arise during the claims process.

Massachusetts Wrongful Death Claims: Legal Framework

In Massachusetts, wrongful death claims are governed by Massachusetts General Laws Chapter 229, Section 2, which allows the executor or administrator of the deceased’s estate to bring a claim. Damages may include:

• Loss of expected income and financial support
• Loss of companionship, care, and services
• Funeral and burial costs
• Punitive damages in cases involving gross negligence or willful misconduct

Because these claims often involve significant financial exposure, insurance companies assign adjusters to thoroughly scrutinize every element of the case.

Initial Steps in the Insurance Investigation

Reviewing the Claim Filing

Once notified of a wrongful death claim, the insurance adjuster examines the initial filing to confirm coverage and policy applicability. They review:

• Whether the policy was active at the time of the incident
• Coverage exclusions that might limit payouts
• Liability limits under the policy

This first review determines whether the insurer believes the case falls within their obligation to defend and potentially pay damages.

Gathering Documentation

Adjusters immediately request supporting documents, including:

• Police reports or accident reports
• Death certificates and autopsy reports
• Medical records of the deceased prior to death
• Witness statements and photographs of the scene

The goal is to establish a factual timeline and identify areas where liability may be contested.

Investigating Liability in Massachusetts

Examining Negligence Standards

Massachusetts follows a modified comparative negligence rule. This means a claimant may only recover damages if the deceased was less than 51 percent at fault for the accident. If the deceased was partially responsible, any settlement can be reduced proportionally. Adjusters rely heavily on this rule when negotiating payouts.

Consulting Experts

Insurance companies often hire outside experts to support their defense, including accident reconstructionists, medical examiners, and engineers. Their reports help the adjuster argue that liability is either unclear or less severe than alleged by the claimant.

Interviewing Witnesses

Adjusters directly contact witnesses or secure sworn statements to challenge or support the facts presented by the estate. Inconsistent testimony can be used to weaken the claimant’s position.

Assessing Damages in a Wrongful Death Claim

Financial Losses

Adjusters calculate the projected lifetime earnings of the deceased, taking into account age, health history, occupation, and expected career trajectory. For example, the lost wages of a 35-year-old engineer may be calculated differently from those of a retiree.

Non-Economic Losses

One of the more difficult aspects of evaluation is placing a monetary figure on loss of companionship and emotional suffering for surviving family members. Adjusters often push back on these valuations, arguing for lower amounts based on comparable jury verdicts in Massachusetts.

Medical and Funeral Expenses

Adjusters verify receipts and invoices to ensure claimed expenses are accurate and directly related to the wrongful death.

Strategies Insurance Adjusters Use

Minimizing Payouts

Insurance adjusters are trained to limit financial liability. Common strategies include:

• Disputing the cause of death or linking it to preexisting conditions
• Arguing the deceased bore significant responsibility for the incident
• Offering quick, low settlement amounts before the family consults legal counsel

Monitoring Claimants’ Actions

Adjusters may review social media, public records, and other sources to uncover information they can use to dispute the severity of loss or discredit testimony.

Delaying the Process

Prolonged investigations can pressure families into settling for less than the claim’s full value. Adjusters know that grieving families may need immediate financial relief.

The Role of Legal Representation

Building a Strong Case

An experienced wrongful death attorney in Massachusetts can counter adjuster tactics by presenting a comprehensive case that includes expert testimony, detailed financial analysis, and credible witness statements.

Negotiating Fair Settlements

Attorneys ensure that families do not accept premature or inadequate settlement offers. By leveraging knowledge of Massachusetts jury verdict trends, lawyers strengthen their clients’ negotiation position.

Preparing for Litigation

If settlement negotiations fail, attorneys can bring the claim to trial. Knowing that a case may proceed to court often compels insurance companies to reevaluate their settlement stance.

Why Massachusetts Families Should Be Prepared

Wrongful death claims are emotionally difficult, and insurance companies are not neutral parties. Adjusters aim to protect the insurer, not the grieving family. By anticipating the investigation process and understanding the methods used by adjusters, families can better navigate the claims journey.

Conclusion

Insurance adjusters in Massachusetts approach wrongful death claims with thorough investigations designed to limit payouts. They scrutinize liability under the state’s comparative negligence rules, challenge damages, and rely on experts to support their positions. Families should expect tactics such as delays, low settlement offers, and disputes over evidence. With strong legal representation, however, claimants can balance the scales, ensuring that their rights are protected and fair compensation is pursued for the devastating loss of a loved one.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Massachusetts Wrongful Death Claims can be very challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.