Fort Worth, Texas Accidental Death Insurance Attorney

According to the Employee Retirement Income Security Act of 1974 (ERISA), under an employer-sponsored insurance plan, surviving family member beneficiaries may recover compensation following a loved one’s accidental death.

To qualify for benefits, the family member’s death must satisfy certain criteria under the policy. Specifically, the claimant must establish that their loved one’s death was truly accidental and did not result from an intentional act or natural causes. 

If you are the beneficiary under an employer-sponsored accidental death policy, and your loved one recently passed away, you should seek out an experienced attorney for representation right away.

The knowledgeable Fort Worth accidental death insurance lawyer at J. Price McNamara ERISA Insurance Claim Attorney can promptly determine your eligibility for filing a claim and take the necessary steps to recover the benefits you need.

For a free case evaluation with our knowledgeable Fort Worth accidental death insurance lawyer, please contact us online or call our Texas office at (713) 300-0462 today. 

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Why Choose Us for Representation?

Navigating an ERISA claim in Fort Worth can be extremely complicated. At J. Price McNamara ERISA Insurance Claim Attorney, we can skillfully navigate the process for you and pursue the benefits you are entitled to receive under the policy. 

Attorney J. Price McNamara – who previously represented insurance companies in these claims – knows how these plans work and the tactics that insurance companies frequently use to undervalue ERISA claims.

We now use that knowledge to our clients’ advantage when pursuing an ERISA claim or lawsuit on their behalf. 

You can see some of our most recent client reviews by clicking here.

We have physical offices located in Baton Rouge, New Orleans, and Houston. Let us help you achieve the full compensation you need in your ERISA claim or lawsuit.

Compensation You Can Recover as Part of an Accidental Death Insurance Claim Under an ERISA Policy in Fort Worth

If you need to file an accidental death insurance claim under an ERISA policy, you should know what types of compensation you may recover. ERISA protects employees’ benefits, and understanding what you can claim is important for ensuring that you receive all the benefits you’re entitled to recover.

First, the main type of compensation you can recover is the death benefit itself. This is a lump sum payment specified in the policy that is paid to the deceased individual's beneficiaries. The amount can vary depending on the policy terms and the coverage that was in place at the time of the fatal accident.

Another potential type of compensation is for accidental dismemberment or loss of use of certain body parts. If the policyholder suffered such injuries before their death, their beneficiaries may receive additional benefits. Insurers base these Accidental Death and Dismemberment (AD&D) benefits on the extent of the injuries and the specific policy provisions.

In some cases, ERISA policies include coverage for funeral and burial expenses. This can help to ease the financial burden on the deceased’s family by covering the costs associated with a funeral service, burial, or cremation. The policy will outline the maximum amount you can claim for these expenses.

If the deceased was the primary breadwinner, the loss of income can be a significant financial blow to the family. Some ERISA policies provide additional benefits to help compensate for this loss of income. These benefits provide financial support to the beneficiaries, helping them maintain their standard of living in the absence of the deceased’s income.

Finally, some ERISA policies may offer benefits for grief counseling or psychological support for the beneficiaries. The sudden loss of a loved one can have a profound emotional impact, and these benefits are intended to help the family cope with their loss.

It’s important to review the specific terms of your policy to understand all the benefits available and to ensure that you receive the full amount you are entitled to recover.

Common Types of Accidental Death Claims Under an ERISA Plan in Fort Worth

Under an ERISA plan, several common types of accidental death claims are typically filed. These claims arise when someone covered under an ERISA plan passes away due to an accident.

Some of the most common claims involve:

• Motor Vehicle Accidents – This includes fatal car crashes, motorcycle accidents, and accidents involving other types of vehicles. If the insured person dies due to such an accident, their beneficiaries may claim benefits under the ERISA plan.
• Workplace Accidents – Accidents that occur in the workplace can also lead to accidental death claims. This may include incidents such as falls from heights, machinery accidents, or other work-related injuries that result in death. ERISA plans typically cover deaths resulting from workplace occurrences, providing benefits to the deceased employee’s beneficiaries.
• Medical Malpractice – In cases where medical negligence or malpractice leads to a patient’s untimely death, beneficiaries may file an accidental death claim under an ERISA plan. This can include situations where errors during surgery, misdiagnosis, or improper treatment result in fatal outcomes.
• Accidental Poisoning – Accidental death claims may also arise from poisoning incidents, whether due to accidental ingestion of toxic substances or exposure to hazardous chemicals. ERISA plans may cover deaths resulting from such accidents, depending on the circumstances and policy provisions.
• Accidental Falls – Falls resulting in death, whether at home, at work, or in public places, can also lead to accidental death claims under an ERISA plan. These incidents often involve premises liability issues or unsafe conditions contributing to the fatal fall.
• Drowning and Submersion Accidents – Accidental deaths related to drowning, whether in pools, lakes, or other bodies of water, can trigger accidental death claims under ERISA policies. These incidents may occur during recreational activities or due to other circumstances.

What Is the Process of Filing an Accidental Death Claim Under an ERISA Plan in Fort Worth?

Filing an accidental death claim under an ERISA policy in Fort Worth, involves a specific process and requires that certain elements be proven. At J. Price McNamara ERISA Insurance Claim Attorney, we can handle all of the following steps for you: 

Notification and Documentation:

• Notify the Insurer – As soon as possible after the insured person’s death, we will notify the insurance company that administers the ERISA plan. This step initiates the claims-filing process.
• Gather Documentation – We will promptly collect all of the necessary documents such as the death certificate, the ERISA plan documents, and any other relevant paperwork.

Submitting the Claim:

• Complete Claim Forms – We will next fill out the claim forms that the insurer provides and include all required documentation to support your claim.
• Submit the Claim – We will then send the completed forms and supporting documents to the insurer by the deadline specified in the ERISA plan documents.

Review and Investigation:

• Insurer’s Review – The insurance company will review the claim to determine your eligibility for benefits under the ERISA plan.
• Investigation – The insurer may conduct an investigation to verify the circumstances of the insured person’s death and ensure that all information provided is accurate.

Elements to Prove:

To successfully prove an accidental death claim under an ERISA plan, you typically need to demonstrate:

• Accidental Death - You must show that the insured person’s death resulted directly from an accident, as defined in the ERISA policy. This can include vehicle accidents, workplace accidents, medical malpractice, or other qualifying events.
• Coverage under ERISA Plan – The deceased must have been covered under the ERISA plan at the time of the accident leading to their death. This involves confirming that premiums were paid and the coverage was active.
• Beneficiary Status – You must establish that you are a designated beneficiary under the ERISA plan. This is usually documented through beneficiary designation forms or other legal documentation.
• Compliance with Policy Terms – The claim must be filed within the timeframe specified in the ERISA policy, and all required documentation and information must be provided accurately.

Decision and Appeal:

• Benefit Decision – The insurer will make a decision on the claim based on the review and investigation. If approved, they will determine the benefits payable under the ERISA plan.
• Appeal Process – If the insurer denies the claim – or if you disagree with the benefit determination – you may appeal. We will follow the appeals process outlined in the ERISA plan documents, which typically involves submitting additional information or documentation to support your case.

Fighting the Insurance Company in a Fort Worth Accidental Death Claim

At J. Price McNamara ERISA Insurance Claim Attorney, our experienced Fort Worth accidental death insurance lawyer can advocate for you in your ERISA claim, ensuring you recover the full compensation you deserve.

Here’s how we can effectively fight the insurance company on your behalf:

• Knowledge of ERISA Laws – We have a deep knowledge and understanding of ERISA laws and regulations specific to Texas. This knowledge is crucial in navigating the complexities of ERISA claims and understanding your rights under the law.
• Thorough Review of Your Case – We comprehensively review your case, examining the ERISA plan documents, policy details, and any relevant evidence surrounding the accidental death. This ensures that we build a strong case based on the specifics of your situation.
• Preparation and Documentation – Our team meticulously prepares all necessary documentation and evidence to support your claim. This includes gathering medical records, witness statements, accident reports, and any other pertinent information that strengthens your case.
• Asserting Your Rights Against the Insurance Company – We will aggressively advocate for your rights against the insurance company. This involves challenging any denials, delays, or undervalued offers that the insurer makes, ensuring that they fulfill their obligations under the ERISA plan.
• Negotiation and Settlement – We will skillfully negotiate with the insurance company on your behalf to secure a fair settlement. We strive to maximize the compensation you receive for the accidental death claim, taking into account all applicable benefits under the ERISA plan.
• Litigation if Necessary – We prepare to litigate your case in court if we cannot recover a fair resolution through negotiation. We have the litigation experience and courtroom skills necessary to effectively present your case and fight for your rights before a judge and jury.
• Compassionate Support Throughout the Process – Beyond experienced legal representation, we provide compassionate support to you and your family during this challenging time. We understand the emotional effect of losing a loved one and strive to provide guidance and reassurance throughout the claims process.

Choosing our Fort Worth, Texas, accidental death insurance attorneys means partnering with dedicated professionals who are committed to achieving the best possible outcome for your ERISA claim. We go above and beyond to ensure that you receive the compensation and justice you deserve following the tragic loss of a family member.

Important Steps You Should Take 

When preparing to file an accidental death insurance claim, several crucial steps can significantly affect the success of your claim.

Those steps include:

• Seeking Legal Help Right Away – At J. Price McNamara ERISA Insurance Claim Attorney, we will handle every step of the process for you and aggressively advocate on your behalf. 
• Retaining the Appropriate Documentation – You should retain essential documents such as the death certificate, the ERISA policy documents, and any relevant medical records or accident reports and forward them to us immediately. 
• Understanding the Policy Language – We can help you understand the coverage and benefits available under the ERISA plan. Knowing the policy terms ensures that you can accurately assert your rights and entitlements during the claims process.

By following these steps, you enhance your chances of receiving the compensation and benefits you can recover.

Contact an Experienced Fort Worth, Texas, Accidental Death Insurance Attorney Today

At J. Price McNamara ERISA Insurance Claim Attorney, we can handle every step of the process for you, taking the burden off your shoulders. We will aggressively fight for your interests – in court, if necessary – and work to promptly secure the benefits you need.

For a free consultation with a knowledgeable Fort Worth accidental death insurance lawyer, please contact us online or call (713) 300-0462 immediately. 

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