The first phone call from an insurance company often comes while you are still planning a funeral or sitting at a kitchen table full of paperwork. An adjuster sounds kind, expresses condolences, and then starts asking questions about what happened and about your loved one’s work and income. You feel pressured to talk, but you also worry that saying the wrong thing could hurt your family or lead to a decision you cannot undo.
Families on Long Island in this position are not just grieving. They are suddenly dealing with unfamiliar insurance terms, forms, and deadlines, all while trying to keep bills paid and life moving for children or other relatives. You may hear phrases like “wrongful death claim” or “policy limits,” but no one from the insurance company clearly explains what they are doing or why certain offers feel so low compared to what your loved one meant to your family.
At The Law Office of Gregory A. Goodman, P.C., we have spent more than two decades facing insurance companies in serious injury and wrongful death matters on Long Island. We build every case as if it will be presented to a jury, and insurers know that. In this guide, we explain how insurance companies actually handle wrongful death insurance claims on Long Island, what their process looks like from the inside, and what you can do to protect your family before you accept any settlement.
Why Insurance Companies Treat Wrongful Death Claims Differently
Insurance companies do not see every claim the same way. A fender bender with no injuries is handled very differently than a fatal crash on the Long Island Expressway or a deadly fall at a construction site. Internally, insurers treat wrongful death claims as high exposure files because the potential payout can be significant, and that changes everything about how the claim is managed from day one.
Once a carrier learns that someone has died, the claim is usually flagged and moved to a more senior adjuster or a special unit that handles serious losses. These adjusters have more authority, but they also face more scrutiny from their supervisors and company attorneys. Their goal is not to figure out what is fair for your family. Their goal is to control the company’s financial exposure and close the file for as little as possible.
This financial pressure leads insurers to act quickly after a death. They gather information and set an internal reserve that represents what they think the claim might cost them, then they work to keep that number from going up. One common way to do that is by contacting family members early, sounding sympathetic, and encouraging them to share details or even accept an offer before anyone has fully evaluated the claim or the full scope of losses.
Because our firm is based on Long Island and has handled serious cases here for many years, we see these patterns repeat with local and national insurers that write policies in Nassau and Suffolk Counties. We understand how they staff high exposure claims, how their lawyers think about risk, and how they respond when they realize a family has an attorney who is ready, if needed, to put the case in front of a jury.
How Insurers Investigate a Wrongful Death Claim on Long Island
The moment an insurance company learns that a fatal crash or incident has occurred, its investigation begins. Adjusters typically order police accident reports from agencies such as the Nassau County Police Department or Suffolk County Police Department, pull 911 call logs when available, and gather any photos or videos they can find. If the incident involved a workplace, they may look for safety reports or internal company documents that could affect liability.
Insurers also reach out to witnesses as quickly as possible. They may send field investigators to the scene or to nearby homes and businesses to ask questions and take statements. The earlier they speak with witnesses, the more they can shape how those statements are recorded. Details that help the insurer may be highlighted. Details that help the family may be minimized or described as uncertain or hard to recall.
At the same time, adjusters often contact surviving family members and request a recorded statement. They frame it as a routine step or as something that will “help move things along.” In reality, the questions are designed to lock in details that might later be used to dispute liability or reduce the value of the claim. Families, understandably, answer honestly, but they do not always realize how an innocent comment can be taken out of context months later by a defense lawyer who is trying to limit what the insurer has to pay.
Insurers may also ask you to sign broad medical authorizations or releases. On the surface, these look like simple forms to gather records. In practice, poorly worded releases can allow the insurer to dig through years of medical history in search of anything they can use to argue that a condition was preexisting or that the financial impact of the death is less than it truly is. It is common for families to sign such forms without understanding how much access they are granting.
In many Long Island wrongful death cases, more than one insurer is involved. There might be a commercial policy for a trucking company, a personal auto policy, and an umbrella policy for an individual or business. Each carrier wants to push responsibility onto someone else. We see insurers delay, argue over who should pay what, and use that disagreement as a reason to slow payments to the family. Part of our role is to step in early, make sure evidence that helps the family is preserved, and prevent damaging statements or releases from being given to the insurer without careful review.
How Wrongful Death Claim Value Is Calculated Under New York Law
When insurers talk about “valuing” a wrongful death claim, they are not thinking about the true human cost of your loss. They are looking at categories of financial loss that New York law allows and deciding how much they can justify paying. Understanding those categories helps you see why early offers are often far below what a fully developed claim is worth for a Long Island family.
In New York, wrongful death damages focus on pecuniary loss, meaning the financial impact of the death on surviving family members. Insurers look first at lost income and benefits. They may review pay stubs, tax returns, and employment records to estimate what your loved one earned and how long they likely would have remained in the workforce. They also consider lost benefits such as health insurance, retirement contributions, and bonuses, although they may try to minimize or ignore them if not clearly documented.
Another key category is the value of household services. This includes child care, home maintenance, transportation, and other tasks your loved one performed for the family. Insurers often undervalue this, especially if the person did not work outside the home, because it is more difficult to measure than a paycheck. For example, if a parent regularly handled school transportation, cooking, managing medical appointments, or caring for aging relatives, replacing those services has real cost that needs to be recognized.
There can also be a related survival component if your loved one lived for a period of time between the incident and death. That part of the claim can include medical expenses and certain damages tied to the time they survived. Insurers tend to be very strict about what they will recognize here and may push back on medical bills or argue that some care was not related, which is another reason these claims require careful documentation and clear explanation.
At The Law Office of Gregory A. Goodman, P.C., we do not accept the insurer’s quick rough estimate. We collect employment records, tax returns, benefit statements, and information about how your loved one contributed at home. We prepare the case in-house as if we will one day explain these losses to a jury on Long Island. When insurers see a detailed, organized picture backed by records and, where appropriate, economic analysis, they understand that it will be harder to dismiss the family’s losses with a low number.
Common Insurance Company Tactics in Wrongful Death Negotiations
Many families assume the insurance company will tell them what is fair and that cooperating fully will speed up payment. In reality, insurers use certain tactics in wrongful death claims that are aimed at saving money, not at making sure your family is taken care of. Recognizing these behaviors can keep you from being caught off guard while you are still grieving.
One common tactic is the early sympathy call combined with a quick offer. An adjuster expresses condolences, explains that they want to help, and then suggests a settlement before the full extent of your financial losses is known. The offer may sound large in the moment, especially when you are under stress, but it often does not account for future lost earnings, long term support, all household contributions, or all available insurance policies. Once you sign a release, you typically cannot go back for more, no matter what you later discover.
Delay is another powerful tool. Insurers may say they are still reviewing the claim, waiting on more records, or needing additional approvals. Meanwhile, bills keep coming. Families can feel pressure to accept a lower offer simply to gain some financial stability. Behind the scenes, the insurer may already have enough information to evaluate the claim but hopes that time will wear the family down so that a reduced number seems more acceptable.
Insurers also work hard to reduce what they owe by shifting blame. In motor vehicle cases, they may argue that the deceased was partially at fault, citing witness statements or interpretations of the police report. In other incidents, they may point to another company or individual and say that party is responsible. In New York, fault can be shared, and any percentage of fault assigned to your loved one can reduce what the insurer has to pay. Statements given early in the process often become key tools in these arguments, even when the person giving the statement had no legal guidance.
Because we approach each wrongful death case as if it will be tried before a jury, insurers understand that low offers and endless delay are less likely to work. Our litigation posture, including a willingness to file suit when negotiations stall, changes the conversation. Adjusters and defense attorneys know they may have to justify their positions in a courtroom on Long Island if a reasonable settlement is not reached, and that knowledge shifts leverage toward the family.
Understanding Policy Limits and Multiple Insurance Layers
In many wrongful death cases, families hear the phrase “policy limits” early in conversations with insurers. An adjuster might say that an offer reflects the full limits of the policy and suggest that nothing more can be done. Policy limits are real, but that does not always mean the first policy you hear about is the only source of recovery for a Long Island family.
Every insurance policy has a maximum amount it will pay for a particular type of claim. For example, a driver might carry a policy with a set limit per person and a higher limit per accident. A business operating trucks or construction equipment on Long Island may carry commercial liability coverage at much higher levels. When the insurer says it is offering policy limits, it is referring only to that specific contract and its stated maximum.
Serious wrongful death cases often involve multiple layers of coverage. There might be an individual auto policy, a commercial policy for a business, and one or more umbrella or excess policies that provide additional protection above the primary coverage. There may also be other responsible parties, such as a subcontractor, property owner, or product manufacturer, each with its own insurer. Carriers do not always volunteer all of this information at the outset, and they are not required to explain every possible coverage to you.
Insurers sometimes present a policy limit offer in a way that makes it sound final, hoping the family will accept without asking what other policies may exist. In complex Long Island incidents, such as multi vehicle crashes or construction accidents, discovering the full picture often requires targeted questions, document requests, and, when necessary, litigation tools that are not available to someone negotiating on their own.
Our practice involves looking beyond what the first adjuster says. We examine all potential defendants, review available policy information, and press for disclosure of additional coverage when facts suggest it may exist. By not taking “that is all there is” at face value, we help families explore every realistic avenue of insurance recovery before making life changing decisions about settlement.
What Families Can Do To Protect Their Wrongful Death Claim
In the first weeks and months after a loss, it can feel like the insurance company holds all the cards. There are, however, concrete steps you can take to protect your family’s position even before you hire a lawyer. Small decisions now can have a large impact on the value and strength of your wrongful death insurance claim later.
One of the most protective choices you can make is to be cautious about what you sign and what you say. You are generally not required to give a recorded statement to the at fault party’s insurer, and doing so without legal guidance can create issues that are hard to fix. Similarly, consider avoiding signing broad medical authorizations or release forms until an attorney has reviewed them. Once information is handed over or rights are signed away, it is difficult, if not impossible, to take that back.
There are also positive steps you can take. Gathering key documents helps any attorney evaluate your claim quickly and present a stronger case to the insurer. Useful items include the police report or incident report, death certificate, any available photos or videos of the scene, pay stubs or W 2s, recent tax returns, and records that show benefits such as health insurance or retirement contributions. Keeping a simple written record of who has called you about the case and what was said can also be valuable if questions later arise.
It is wise to be careful about what you share publicly. Social media posts about the incident, the insurance company, or disputes within the family can be found and used by insurers to argue about damages or family relationships. Even posts that seem unrelated may be taken out of context. Limiting online sharing while a claim is pending is a small but meaningful way to safeguard your case and avoid unnecessary arguments with the insurer.
When we represent a family, one of the first things we do is take over communication with insurance companies. That means adjusters and defense lawyers reach out to us, not to you, and we review every request for information before anything is sent. Because our clients have continuous, direct access to their attorney, they can call and ask about any letter or phone call they receive. This personal, steady guidance can make an overwhelming process much more manageable and lets you focus more on your family.
How Our Long Island Firm Handles Wrongful Death Insurance Claims
Every wrongful death case is unique, but our basic approach follows a consistent, deliberate path. We start by listening to your story and reviewing whatever information you already have. Then we begin our own investigation, separate from the insurer’s, to gather evidence, identify all potentially responsible parties, and understand the full financial impact of the loss on your family.
We handle this work in house, building the file as if we will one day present it to a jury in Nassau or Suffolk County. That means organizing employment records, tax returns, benefit information, and documentation of household contributions. We look at how your loved one’s income and services would likely have changed over time, not just what they were earning at the moment of the incident. When appropriate, we consult with qualified professionals to help explain complex financial issues in clear terms that insurers and, if needed, jurors can follow.
Throughout this process, communication with our clients remains a priority. At The Law Office of Gregory A. Goodman, P.C., you have continuous access to Gregory Goodman, not just to support staff. We explain what the insurance company is doing, what each offer really represents, and what options you have at each stage. Families tell us that understanding the reason behind each decision helps them feel more in control during a very difficult time.
When insurers refuse to make what we view as a fair offer, we are prepared to litigate. Our willingness to file suit and move toward trial is not about fighting for the sake of fighting. It is about protecting your rights when negotiation alone is not enough. Insurers know which firms put in the work and are ready to present a case in court and which are likely to accept whatever is offered. Our preparation and readiness to go to trial are key reasons carriers take our Long Island wrongful death claims seriously.
Talk With A Long Island Wrongful Death Attorney Before You Decide
Understanding how insurance companies handle wrongful death claims gives you a clearer view of what is happening behind the scenes. You see that quick offers, delays, and blame shifting are not random. They are part of a structured process aimed at closing your claim for as little as possible, often before the full impact of your loss is even known.
No online article can evaluate the specifics of your situation. The safest way to protect your family is to have an experienced Long Island wrongful death attorney review the facts, the insurance policies, and any communications you have received before you agree to a settlement or give further statements. At The Law Office of Gregory A. Goodman, P.C., we are ready to sit down with you, explain your options in plain language, and take on the insurance companies so you do not have to carry that burden alone.
Call (800) 242-3740 to speak with our team about your Long Island wrongful death insurance claim.