A wrongful death lawsuit is never a pleasant experience for the family of the deceased, but it can be even more unpleasant when the insurer tries to avoid paying out on an insurance death benefit. In 2011, I successfully litigated a wrongful death case for the family of a Plainfield, NJ client who died in a motorcycle accident, getting them the death benefits that they deserved from the insurer, who was trying to avoid paying out in this case.
In this particular motorcycle accident case, the motorcyclist passed away seven weeks after the accident without ever providing a statement. As a result, the insurer tried to avoid liability and resolving this wrongful death case required additional research. To support my client’s position, I developed evidence from two independent witnesses, which supported the theory that a vehicle that left the scene had caused the motorcyclist to lose control. This theory entitled the plaintiff’s widow to seek pain and suffering compensation and death benefits under the uninsured motorist contract.
After only six months of litigating this motorcycle death case, the sworn testimony I obtained from these witnesses was enough to force the insurer to concede to my legal position. The testimony of these witnesses supported the theory that a vehicle had left the scene, invoking the uninsured motorist clause of their insurance policy. My client was awarded a wrongful death settlement for the entire policy limits, largely due to the testimony I obtained from these witnesses.
Pain and suffering compensation and insurance death benefits can be difficult to achieve. The circumstances of eligibility and burden of proof for pain and suffering claims are very specific, and some cases simply don’t qualify. When wrongful death cases do qualify for pain and suffering compensation and insurance death benefits, though, it still requires thorough diligence in litigation to achieve a positive result from the insurance company. As an experienced New Jersey wrongful death attorney, I can help you resolve your case successfully, just like I helped the widow in this motorcycle death case provide for her family after the death of her husband.