Personalized legal services to resolve your claim favorably
Accidental death and dismemberment (AD&D) insurance pays benefits for an unexpected death or the loss of a limb, vision or hearing as the result of an accident. Policyholders can purchase AD&D separately or as part of a life insurance policy. AD&D policies provide large payouts, but there are strict limitations on the circumstances for a qualifying event, and insurance companies aren’t eager to approve claims. Disputes often arise because investigators for an insurance company interpret facts and events in a way to exclude the claim. If your claim is denied, you can rely on John V. Tucker’s experienced team of AD&D attorneys to work tirelessly for the benefits you deserve.
Reasons an insurer might deny your AD&D claim
The key element to an AD&D recovery is that the precipitating event has to be ruled an accident. This is generally defined as “death caused by an unforeseen circumstance unrelated to the body.” The policyholder’s illness or physical condition cannot play a role in the death. Deliberate acts of assault, mayhem, or self-harm also do not qualify for coverage. There are many other reasons for denying coverage:
- The insured was intoxicated by alcohol or drugs at the time of death, or involuntarily ingested illicit drugs.
- The insured took prescription medications without a doctor’s prescription or died due to a prescription medication overdose.
- The insured died during a medical procedure, surgery, postsurgical recovery or due to medical malpractice.
- The insured was committing a crime at the time of death.
- The insured died in an accident but would not have died except for sickness.
- The cause of death is unknown.
- The insured disappeared and was announced legally dead.
- The insured died due to autoerotic asphyxiation.
- The insured was poisoned.
- The insured was murdered.
Often, insurance companies rely on police reports and death certificates that contain errors. Uncovering evidence that convinces authorities to change their evaluations takes knowledge, skill, and experience. Our team is determined to take every legal measure to fight for the results you need.
Insurance companies may also try to deny coverage by showing the policy was not enforceable because of misrepresentations at formation, failure to pay premiums, or some other problem that renders a contract void.
If the policy is through an employer, a court will apply federal ERISA law to resolve any dispute. Attorney John V. Tucker and his legal team are highly knowledgeable of this complex body of laws.
Contingency attorney fees available for accidental death claims
We handle many AD&D cases on a contingency fee basis. That means you do not pay any attorney fees if we do not win your case in court or recover an accidental death insurance settlement for you. Hiring a contingency fee AD&D insurance attorney also ensures that you have a lawyer who has a vested interest in winning your case: we do not get paid if you do not get paid. It takes an experienced accidental death and dismemberment insurance lawyer to analyze the insurance company’s policy, to determine whether they are interpreting that policy properly, and present errors of interpretation in a clear and compelling way to the court.
Let our St. Petersburg and Fort Lauderdale legal team resolve your AD&D dispute
If your AD&D insurance benefits are in dispute, we want to help you. John V. Tucker and his experienced team of AD&D attorneys deliver excellent client service, without any upfront legal fees. To schedule a free consultation, call us at (866) 282-5260 or contact our office online.
