March 6, 2025

How Insurers Undermine Wrongful Death Claims—And What You Can Do

At first glance, you might expect insurance companies to step in and help families recover after such a tragedy. After all, truck drivers and trucking companies carry large commercial insurance policies designed to cover accidents and wrongful death claims. However, the reality is far from that expectation.

Insurance companies are not in the business of helping victims and their families—they are in the business of protecting their profits. Their primary goal is to minimize payouts and reduce liability for the trucking company or driver involved in the accident. They employ aggressive tactics to delay, deny, and devalue claims, hoping that grieving families will accept lowball settlements or give up on their cases altogether.

At Goldman, Babboni, Fernandez, Murphy & Walsh, we have seen these insurance company strategies firsthand. Our experienced wrongful death attorneys in Sarasota understand how insurance adjusters manipulate claims to benefit their bottom line rather than provide fair compensation to victims’ families. That’s why we fight relentlessly to hold insurers accountable, ensuring that families receive the full compensation they deserve.

If you’re negotiating a wrongful death claim after a truck accident, understanding how insurance companies operate is crucial. Knowing their tactics can help you protect your rights and avoid falling into their traps. At the law firm of Goldman, Babboni, Fernandez, Murphy & Walsh, we’ll explore the common strategies insurance companies use to deny rightful compensation and how you can fight back with the help of an experienced wrongful death attorney.

How Insurance Companies Try And Minimize Wrongful Death Claims

Insurance companies often use delay, deny, and devalue tactics to minimize wrongful death claims after a truck accident. They offer lowball settlements, dispute damages, shift blame to the deceased, and use legal loopholes to avoid full payouts. Families grieving a loss should never accept an insurer’s first offer and should work with an experienced wrongful death attorney to fight for the compensation they deserve.

  • Insurance companies prioritize profits over families and work to reduce payouts.
  • Common tactics include: quick, lowball settlements, blaming the deceased, delaying claims, and disputing damages.
  • They may ignore calls, request unnecessary documents, or claim investigations are still ongoing.
  • Comparative negligence laws in Florida allow insurers to reduce payments by shifting partial blame to the victim.
  • An experienced wrongful death attorney can fight back with strong evidence, expert testimony, and legal action.
  • Families can recover damages for funeral costs, medical bills, lost income, and emotional suffering.

Get A More In-Depth Answer:

Insurance companies are not on your side—their goal is to reduce their liability and minimize payouts.

They use a variety of tactics to delay and devalue claims, including:

  • Offering Quick, Lowball Settlements – Adjusters pressure grieving families to accept low offers before understanding the full financial impact.
  • Disputing the Extent of Damages – Insurers may claim medical or funeral costs are inflated or that pre-existing conditions contributed to the death.
  • Shifting Blame to the Deceased – By arguing the victim was speeding, distracted, or not wearing a seatbelt, they attempt to reduce compensation.
  • Delaying the Claims Process – Companies may ignore calls, request unnecessary paperwork, or falsely claim an investigation is ongoing.
  • Using Legal Loopholes – Some insurers argue that trucking company policies don’t cover certain damages or shift responsibility to other parties.

At Goldman, Babboni, Fernandez, Murphy & Walsh, we fight against unfair insurance tactics and work aggressively to ensure families get the full compensation they deserve. We handle all communications, gather strong evidence, and take legal action when necessary to hold insurance companies accountable.

For help 24/7 Call our office in Sarasota today: 941-954-1234


Get Directions For The Sarasota Office Of Goldman Babboni Fernandez Murphy & Walsh


2822 University Parkway,

Sarasota, Florida 34243


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Here’s how insurance companies work against you in wrongful death claims:

Offering Quick, Lowball Settlements

One of the most common tactics used by insurance companies is offering a fast, low settlement before the family has had time to fully understand the long-term financial impact of their loss. Adjusters often reach out within days or weeks of the accident, presenting a check that may seem like a large sum at first glance. However, these early offers are often far below the true value of the claim.

Insurers count on grieving families being overwhelmed and financially strained, making them more likely to accept a quick payout without considering the full cost of:

  • Lost future income the deceased would have earned
  • Medical expenses from life-saving efforts before their passing
  • Ongoing household expenses and childcare costs
  • Funeral and burial costs

Insurance companies do not tell you the true value of your claim—they hope you’ll take their low offer before speaking to an attorney.

 What You Can Do:

Never accept an initial settlement offer without consulting a wrongful death attorney.
Insurance companies are not obligated to offer a fair amount upfront—an experienced attorney at Goldman, Babboni, Fernandez, Murphy & Walsh can calculate the true damages and fight for what you deserve.

Insurance Companies Dispute the Extent of Damages

Even when liability is clear, insurance companies often challenge the value of damages to avoid paying full compensation. They may attempt to minimize the financial and emotional toll of the loss by arguing:

  • The deceased had pre-existing conditions that contributed to their injuries.
  • The family’s emotional distress or financial hardship is exaggerated.
  • The costs of medical care, funeral services, and burial expenses are inflated.

In wrongful death claims, insurance adjusters scrutinize every detail, looking for ways to reduce their payout. They may even hire their own medical experts to argue that the deceased’s health played a larger role in their death than the accident itself.

What You Can Do:

Gather and preserve all medical records, receipts, and funeral expenses.
Work with an experienced attorney who can provide expert testimony and fight back against unfair damage disputes.

Insurance Companies May Attempt to Shift Blame to the Deceased

Florida follows a comparative negligence rule, which means that if the insurance company can prove the deceased was partially responsible for the accident, they can reduce the amount they owe in compensation.

To take advantage of this, insurance companies may argue that the deceased:

  • Was speeding or violating traffic laws.
  • Wasn’t wearing a seatbelt, even if it wasn’t a contributing factor.
  • Was distracted while driving, such as using a cellphone.

Trucking companies often have their own legal teams who work aggressively to shift blame to the victim. This is particularly true in truck accidents, where multiple parties (drivers, trucking companies, and manufacturers) may be involved.

 What You Can Do:

  • An experienced attorney can conduct an independent investigation to prove liability and counter false claims.
  • Obtain surveillance footage, accident reports, and black box data from the truck to establish fault.

Insurance Companies May Dispute Liability to Avoid Payouts

Insurance companies frequently delay claims by questioning liability—even when fault is obvious. They may argue that:

The truck driver was not at fault, shifting blame to the victim.
The trucking company was not responsible, even if safety violations were present.
Other factors—such as weather conditions or road hazards—played a role.

By disputing liability, insurers buy time to prolong the case and pressure families into accepting a low settlement instead of continuing a drawn-out fight.

 How to Fight Back:

  • Collect strong evidence—black box data, truck logs, and witness statements can prove fault.
  • File a lawsuit if needed—an attorney can escalate the case if the insurer refuses to accept responsibility.
  • Use expert witnesses—accident reconstruction experts can prove liability.

Insurance Companies May Delay the Claims Process

Another common insurance company strategy is delaying the claims process, hoping that families will become financially desperate and accept a lower settlement. Adjusters may:

  • Take excessive time to review evidence and respond.
  • Request unnecessary paperwork to slow things down.
  • Fail to return calls or emails, leaving families in limbo.

Insurance companies bet on families needing financial relief and use these delays as a way to pressure victims into accepting lower settlements. The longer they stall, the harder it becomes for families to fight back.

 What You Can Do:

Keep detailed records of all communication with the insurance company.
Hire a wrongful death attorney who can push for faster action and file a lawsuit if the insurer refuses to move forward.

Insurance policies often include fine print, exclusions, and legal loopholes that insurers try to use against families filing wrongful death claims. Some of the common arguments include:

  • The trucking company’s insurance policy doesn’t cover certain damages.
  • A contractual loophole limits their liability in specific cases.
  • Other external factors—such as weather or road conditions—reduce their responsibility.

Trucking companies also carry multiple insurance policies, often with different providers. This means that insurers may argue over who is responsible, further delaying or reducing payouts.

What You Can Do:
Do not let the insurance company dictate what is covered—work with a lawyer to examine policy details.
If multiple parties are involved, your attorney can identify all potential sources of compensation.

Insurance Companies May Take Excessive Time to Review Evidence

Insurance companies claim they need time to thoroughly review accident reports, medical records, and witness statements. While proper investigation is necessary, insurers often use this as an excuse to delay paying a claim.

Some common stalling tactics include:

  • Repeatedly requesting more time to process documents.
  • Claiming that investigators are still reviewing accident details.
  • Saying that they are waiting for expert analysis, even when it’s not required.

 How to Fight Back:
Keep a detailed record of all communication with the insurance company.
Set deadlines—a wrongful death attorney can push for timely responses.
Demand explanations for any unnecessary delays.

Insurance Companies Often Request Unnecessary or Repetitive Documentation

Another tactic insurers use is repeatedly asking for documents, even when they already have the necessary information. They might request:

Medical records (multiple times)

  • Death certificates (even after it’s been provided)
  • Financial statements proving lost wages
  • Signed forms authorizing information release

In many cases, these requests are redundant and serve no real purpose other than to stall the claim and frustrate the family into giving up or settling for less.

 How to Fight Back:

  • Submit all requested documents at once to prevent further excuses.
  • Have your attorney handle communication to stop redundant requests.
  • Challenge unnecessary demands—if the insurer already has the documents, they should move forward.

Insurance Companies May Fail to Respond to Calls, Emails, or Letters

One of the most frustrating delay tactics is simply ignoring the claimant. Many families report long wait times for updates, unanswered phone calls, and emails that go ignored for weeks.

Insurance companies use silence as a weapon—they assume that if they stop responding, the family will eventually get desperate and settle for whatever they offer.

 How to Fight Back:

  • Document every attempt to contact them—keep a written log of phone calls, emails, and letters.
  • Have your attorney step in—lawyers can apply legal pressure that insurance companies cannot ignore.
  • File a formal complaint—if the insurer fails to communicate, your lawyer can file a bad-faith insurance complaint.

Insurance Companies May Offer “Re-Evaluations” Instead of Making a Decision

Another deceptive tactic is offering to “re-evaluate” the claim, giving families false hope that the insurer is reconsidering a fair payout. In reality, they are stalling for more time to avoid paying a higher settlement.

These reviews often drag on for months, with no clear answers or progress. Meanwhile, families struggling with funeral expenses and lost income feel pressured to settle for whatever they can get.

How to Fight Back:
Ask for a firm deadline for their decision—an attorney can push them to commit to a timeline.
Don’t be misled by stalling tactics—if they continue to delay, consider filing a wrongful death lawsuit.

Insurance Companies May Pushing the Case Toward Litigation (But Avoiding Court) to Pressure Families

If delaying settlement negotiations isn’t enough, some insurance companies drag the case toward litigation—but with no real intention of going to court. They use legal stalling tactics, such as:

  • Filing unnecessary motions to slow the case.
  • Requesting extensions to gather more information.
  • Claiming they need additional depositions.

This tactic serves two purposes:

  • It intimidates families—wrongful death cases can take years, and insurance companies hope families will settle to avoid trial.
  • It weakens the claimant’s financial position—forcing them into a position where they can no longer afford to wait.

 How to Fight Back:

  • Work with a wrongful death attorney who is not afraid to go to trial—insurers back down when they know your lawyer will fight in court.
  • Don’t be intimidated—many cases settle before trial, but having a strong legal team ensures a fair outcome.

How Your Attorney Can Help You Fight Back

Auto Accident Lawyers
The Lawyers Of Goldman Babboni Fernandez Murphy & Walsh

The best way to combat these unfair insurance tactics is by hiring an experienced truck accident wrongful death attorney. Here’s how legal representation can maximize your settlement and ensure fair treatment:

1. Your Attorney Will Handle All Insurance Communications

Insurance adjusters know how to manipulate grieving families into saying things that can hurt their case. An attorney will handle all negotiations to prevent insurers from using your words against you.

2. Your Attorney Will Gather Strong Evidence

  • A lawyer will build a solid case by collecting:
  • Black box data from the truck.
  • Truck driver’s logs to check for violations.
  • Witness statements and expert testimony.
  • Accident reports proving liability.
  • Financial loss documentation to calculate full damages.

3. Your Attorney Will Negotiate for a Fair Settlement

Insurance companies will always try to settle for less than what you deserve. An attorney knows how to negotiate aggressively and will fight for the full amount your family needs.

4. Your Attorney Will File a Wrongful Death Lawsuit if Necessary

If the insurance company refuses to offer a fair settlement, your attorney can take them to court. A wrongful death lawsuit may be necessary if:

  • The insurance company denies your claim.
  • They offer a settlement far below what your case is worth.
  • There is a dispute over who is at fault.

A successful trial can result in higher compensation and hold the trucking company accountable for their negligence.

Potential Compensation in a Wrongful Death Claim

If your wrongful death claim is successful, you may recover compensation for:

  • Economic Damages (financial losses)
  • Medical expenses related to the accident.
  • Funeral and burial costs.
  • Loss of future earnings and financial support.
  • Loss of household services.
  • Non-Economic Damages (emotional losses)
  • Pain and suffering of surviving family members.
  • Loss of companionship and guidance.
  • Emotional distress.
  •  Punitive Damages (in cases of gross negligence)

Additional compensation may be awarded if the trucking company or driver acted with reckless disregard for safety (e.g., driving under the influence, severe violations of federal trucking laws).

Final Thoughts: Protect Your Family’s Future

Insurance companies are not on your side in a wrongful death claim. They will do everything possible to reduce or deny your compensation. If you’ve lost a loved one in a truck accident in Southwest Florida, it’s crucial to have an experienced wrongful death attorney fighting for your rights. The attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh have the expertise to take on large insurance companies, ensuring your family receives the justice and financial security you deserve.

The post How Insurers Undermine Wrongful Death Claims—And What You Can Do appeared first on Justice Pays.

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