Accidental Death and Dismemberment (“AD&D”) benefits are commonly included as a secondary or supplemental benefit to many employer-sponsored life insurance benefit plans. Accidental death and dismemberment benefits provided through an employee benefit plan are frequently regulated by the Employee Retirement Income Security Act of 1974 (“ERISA”). ERISA is a federal law that regulates employee benefit plans provided by nearly all employers in the private sector. (Employee benefits provided by federal, state, and local governments are not covered by ERISA, nor are benefits provided by certain employers affiliated with religious organizations).
Many people assume that they are automatically entitled to AD&D benefits when the covered individual dies. That is often not the case because the death typically must be the result of an “accident.” Unfortunately, however, there are many cases in which an insurance company will deny claims arising from accidental deaths, by claiming that the death was not accidental, or by attempting to improperly apply a policy exclusion. Frequently, these claims arise in cases of certain motor vehicle accidents, inadvertent fatal asphyxiation, accidental overdoses involving medications, and other instances of unexplained death.
You should consult with an experienced ERISA accidental death and dismemberment attorney. An experienced accidental death and dismemberment attorney will review the facts and circumstances of the insured’s death with you, review the accidental death and dismemberment policy with you, and explain your rights. If the AD&D policy is an ERISA-regulated policy, you will have a relatively short period of time in which to appeal the denial of your claim. ERISA AD&D plans all contain a mandatory appeal process that a claimant must go through before seeking relief in court. An experienced ERISA accidental death and dismemberment attorney can explain this process to you, advise of you of the potential issues with your claim, and help you build a well-developed record with your appeal.
Adam H. Garner is an experienced accidental death and dismemberment insurance attorney. If you have questions regarding your accidental death and dismemberment insurance claim, please contact The Garner Firm today.
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Throughout my relationship with The Garner Firm, there was never a time that I felt uninformed where my case stood. Attorney Adam Garner focuses on making sure his clients are well informed throughout their legal battle. I can reassure any prospective clients that Adam will maximize all his resources and fight to the MAX in order you’re reasonably compensated.
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I would highly recommend Adam to anyone!!! He is very professional, works hard for you, and very knowledgeable. He is honest and upfront with you with any obstacles that he may face in representing you. He keeps you well informed of your case and responds promptly to any questions or concerns you may have. He does a Stellar job!!!
From the initial phone call for assistance to the end of the case Adam and The Garner Firm was an absolute blessing to me and my family. He presented genuine concern and professionalism throughout the process. Where as other attorneys see’s a client as a client Adam fights for a client like were and individual who’s rights have been violated. I’m very grateful for his help through a very rough time and trust that this review is sincere. Blessing to the Adam and The Garner Firm.
Adam Garner is the definition of professionalism and expertise. He is currently handling my case, which turned out to be more difficult than expected, and is getting positive results. I would highly recommend Mr. Garner to anyone with a disability and/or workplace issue.
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