Double Indemnity Meaning in Personal Injury Law Double indemnity meaning in personal injury law: The double indemnity clause is a typical inclusion in both life insurance and accident policies. This provision stipulates that in the event of the policyholder’s accidental death, the insurance company is obligated to pay the beneficiary an amount double the original policy’s face value. This provision aims to offer additional financial support to bereaved families coping with the sudden loss of a family member, providing them with extended benefits during a difficult time.

Table of Contents

  1. Qualifications for an Accidental Death
  2. Why Was My Double Indemnity Claim Denied?
  3. Steps to Take if Your Double Indemnity Claim Was Wrongfully Denied

1. Qualifications for an Accidental Death

In order to be eligible for double indemnity benefits, the beneficiary left behind by the deceased must demonstrate that the death resulted from an accidental cause. Different insurance companies might have varying definitions of what constitutes an accidental death, commonly encompassing intentional acts of violence or preventable accidents due to negligence by a third party. Some examples include:

  • Car accidents
  • Slip and fall accidents
  • Drowning incidents
  • Choking or suffocation incidents
  • Exposure to harmful substances
  • Accidents involving defective machinery
  • Cases of medical malpractice
  • Workplace accidents
  • Cases of homicide

Most policies typically cover deaths occurring within 1 year of an accident. Proving a death as accidental often demands evidence such as police reports, coroner’s reports, toxicology findings, eyewitness testimonies, expert witness accounts, and medical records. Relying solely on a death certificate, even if it identifies the death as accidental, is rare for insurance companies. Once sufficient documentation is provided and liability is established, the insurance company is obliged to promptly fulfill the double indemnity claim. However, the investigation process might persist for an extended period before resolution.

2. Why Was My Double Indemnity Claim Denied?

Double indemnity claims undergo individual assessment by insurance companies, and denial occurs if the death is deemed non-accidental. This includes situations such as:

  • Deaths resulting from medical conditions (e.g., cardiac arrest, COVID-19, etc.)
  • Self-inflicted injuries, suicide, or attempted suicide, irrespective of mental state
  • Drug overdoses, unless it involves prescribed medication taken as directed
  • Fatalities due to negligence (e.g., failure to use a seatbelt)
  • Deaths occurring during the commission of a felony or in attempted commission
  • Demises during medical procedures, surgeries, or post-surgical recovery (not due to medical malpractice)
  • Engaging in extreme activities (e.g., bungee jumping)
  • Cases where the beneficiary commits murder

It’s crucial to recognize that insurance companies are profit-oriented and often endeavor to limit liability and reduce payouts on claims. Double indemnity policies are offered by life insurers with the anticipation of making profits due to the infrequent approval of claims. Consequently, insurers may manipulate policy language to reject valid double indemnity claims.

3. Steps to Take if Your Double Indemnity Claim Was Wrongfully Denied

Numerous beneficiaries experience deep distress due to the passing of a family member, and the prospect of confronting a life insurance company over a rejected claim can feel overwhelming. During such challenging times, seeking assistance from a wrongful death attorney in Las Vegas can prove invaluable. These legal professionals possess a comprehensive grasp of the strategies employed by insurers to evade responsibility. Furthermore, they wield their expertise and investigative resources to probe into the circumstances surrounding your loved one’s death. This investigation aims to gather substantial evidence supporting the accidental nature of the incident, thereby compelling the insurer to fulfill the owed amount rightfully owed to you.

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what is double indemnity If you or a loved one have experienced injury due to the negligence of another person or entity, please do not hesitate to contact Las Vegas Personal Injury Lawyer, Brian M. Boyer of The Injury Firm for a free, no-obligation case review. If he cannot help you, he will point you in the best direction for your specific needs! Call him today at (702) 800-0988.

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