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Cause of Action for Accidental Death Benefits

Cause of Action for Accidental Death Benefits

To receive accidental death benefits under a life insurance or accidental death & dismemberment plan, a beneficiary must prove that the insured’s death was accidental. The proof of death by violent means raises a presumption of accidental death. Evidence of an insured’s cause of death can be shown through an autopsy report, medical examiner record, police report, or death certificate.

Where the accidental death policy contains both a condition that the injury sustained in an accident must result independently of all other causes and an exclusion for injuries caused directly or indirectly by a bodily or mental infirmity, it is not sufficient for the plaintiff to simply show a causal relationship between the accident and the death. In such cases, the plaintiff must also prove that the death was caused solely by the accident and that the illness, disease, or infirmity in question was not a contributory factor. On the other hand, for deaths involving intoxication, such as when the accidental death policy excludes "loss or injury resulting from the use of intoxicating liquors," it is the insurer, and not the beneficiary, that has the burden to show that the intoxicant was the direct cause of death. Insurers will often deny a valid claim for accidental death benefits.

If you were denied accidental death benefits, do not be discouraged, contact an experienced life insurance attorney who will fight to get you the compensation you deserve.

Hire an Experienced Insurance Claim Denial Attorney

Our results speak for themselves. Our experienced insurance claim denial attorneys have never lost a case. At Joseph & Eugene, LLC our lawyers handle cases throughout Missouri and Illinois. Don’t delay if you have been denied your insurance claim. Contact our knowledgeable lawyers today at (314) 881-8338 or send us an Insurance Denial question. We look forward to hearing from you. All communications are returned promptly.

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Life Insurance Denial Attorneys at Joseph & Eugene, LLC have nearly 50 years combined experience handling insurance claims throughout Missouri and Illinois