When a family files a wrongful death claim in Pennsylvania, insurance adjusters immediately begin an investigation. Their role is to assess liability, determine the value of damages, and protect the insurer’s financial interests. Understanding how adjusters approach these cases helps families prepare for the challenges that often arise during the claims process.
The Role of Insurance Adjusters in PA Wrongful Death Cases
In Pennsylvania, wrongful death claims often stem from car accidents, medical malpractice, workplace incidents, or defective products. Insurance companies representing at-fault parties assign adjusters to investigate and limit potential payouts. While their job is to review the facts, adjusters are not neutral—they work for insurers and aim to minimize liability whenever possible.
Initial Case Review and Documentation
Gathering policy information
The first step for an adjuster is reviewing the policy details. They check coverage limits, exclusions, and whether the incident falls under the policy’s protections. In many wrongful death cases, coverage may involve auto liability insurance, homeowner’s insurance, medical malpractice policies, or employer liability coverage.
Contacting the family
Adjusters typically reach out to surviving family members or their attorneys to gather statements. While they may present this as a routine step, families should understand that adjusters are trained to ask questions in ways that may limit liability for the insurer.
Collecting official reports
Insurance adjusters obtain critical documentation such as police reports, autopsy results, accident reconstructions, and medical records. These documents form the foundation of their liability assessment.
Liability Investigation
Establishing fault
A central part of the adjuster’s role is determining who is legally responsible. In Pennsylvania, the comparative negligence rule applies—if the deceased is found partly at fault, compensation may be reduced. Adjusters carefully examine whether evidence can shift some blame onto the victim.
Reviewing witness accounts
Witness statements are crucial, but adjusters evaluate them selectively. They may highlight testimony that favors the insurer’s position and downplay conflicting accounts. This is why attorneys often conduct their own investigations to balance the narrative.
Consulting experts
In complex cases, adjusters may consult accident reconstruction specialists, medical experts, or engineers. Their goal is to build a case that minimizes financial liability by challenging claims of negligence or causation.
Evaluating Financial Losses
Calculating economic damages
Wrongful death damages in Pennsylvania can include lost income, funeral expenses, and medical costs related to the fatal injury. Adjusters analyze the victim’s employment history, earning capacity, and benefits to estimate economic losses. However, they may use conservative assumptions that undervalue the family’s claim.
Assessing non-economic damages
While harder to quantify, non-economic damages such as loss of companionship and emotional suffering are significant in wrongful death cases. Adjusters often argue for lower valuations in this category, citing precedents or internal guidelines that minimize payouts.
Reviewing dependency claims
Pennsylvania law allows certain family members—such as spouses, children, and in some cases parents—to recover damages. Adjusters closely scrutinize these claims to determine whether dependency can be legally and financially justified.
Common Strategies Insurance Adjusters Use
Early settlement offers
One tactic is presenting a quick settlement soon after the incident. Families facing financial strain may feel pressured to accept, but these offers are often far below the claim’s true value.
Questioning liability
Adjusters frequently emphasize evidence that shifts partial or full fault to the deceased. For example, in auto accident claims, they may highlight minor traffic infractions or argue that seatbelt use could have altered the outcome.
Challenging medical evidence
Adjusters sometimes dispute the direct cause of death. They may argue that preexisting conditions or unrelated medical issues contributed, thereby reducing the insurer’s responsibility.
Surveillance and social media monitoring
In certain cases, adjusters investigate family members’ online activity or conduct surveillance. Their objective is to find evidence that undermines emotional distress claims or financial dependency arguments.
The Importance of Legal Representation: How Pennsylvania Wrongful Death Lawyers Can Help
Leveling the playing field
Because adjusters are trained negotiators who work to protect insurers, families often need experienced wrongful death attorneys to counterbalance the process. Lawyers ensure that settlement offers reflect the full scope of damages, not just the insurer’s preferred outcome.
Building stronger evidence
Attorneys conduct independent investigations, bring in their own experts, and present evidence in ways that strengthen the family’s case. This approach makes it harder for insurance companies to dismiss or minimize claims.
Negotiation and litigation
If negotiations stall, attorneys are prepared to take the case to trial. The threat of litigation often motivates insurers to make fairer offers, since jury awards in wrongful death cases can be substantial.
Wrongful Death Claims in Pennsylvania: Key Points for Families
- Pennsylvania follows comparative negligence rules, meaning fault is divided among parties.
- Eligible family members include spouses, children, and sometimes parents.
- Compensation may include medical bills, funeral expenses, lost income, and emotional damages.
- Adjusters prioritize limiting payouts, not ensuring fairness.
- Legal counsel is critical for protecting the family’s rights and securing just compensation.
Conclusion
When a wrongful death claim is filed in Pennsylvania, insurance adjusters launch detailed investigations aimed at reducing the insurer’s financial exposure. They analyze evidence, question liability, and often undervalue damages. Families should recognize that while adjusters appear professional, their loyalty is to the insurance company—not to the grieving family. Having a knowledgeable wrongful death attorney ensures that families are not pressured into unfair settlements and that their claims are supported with strong legal and factual evidence.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Pennsylvania Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced attorneys 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.
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