When families lose a loved one due to someone else’s negligence—especially in cases involving car accidents, medical malpractice, or defective products—insurance companies are almost always involved. These companies are not in the business of paying out large sums voluntarily. While they may offer condolences or even a quick settlement, the reality is that their primary goal is to protect their bottom line—not your best interest. That’s why attempting to handle a wrongful death claim on your own, without legal representation, can put your case—and your family’s financial future—at serious risk.
Let’s explore why speaking directly with the insurance company without an attorney may do more harm than good and what you can do to protect your rights after losing someone close to you in Missouri.
Insurance Companies Are Not On Your Side
No matter how sympathetic the insurance adjuster may seem, their job is to save the insurance company money. These individuals are trained professionals who know how to ask the right questions and extract information that can be used to reduce the value of your claim or deny it entirely.
For example:
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They may ask for a recorded statement early in the process, often before you know the full extent of your damages or your legal rights.
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They might offer a quick settlement to discourage you from speaking with an attorney or fully investigating the value of your case.
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They may dispute liability even when fault seems obvious, relying on your lack of legal knowledge to limit their payout.
Without legal representation, you’re dealing with professionals whose incentives are directly opposed to yours.
You May Not Know What Your Case Is Truly Worth
Wrongful death cases in Missouri involve complex calculations of both economic and non-economic damages. When you don’t have legal counsel, you may underestimate the value of your case or be unaware of damages you’re entitled to under the law.
Here are just a few types of damages you may be missing out on:
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Funeral and burial expenses
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Loss of future income and benefits
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Loss of companionship, guidance, and emotional support
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Medical bills incurred prior to death
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Pain and suffering of the deceased prior to death
Insurance companies rarely offer compensation that accounts for all these categories without pressure from a wrongful death attorney who knows Missouri law.
Missouri’s Wrongful Death Laws Add Legal Complexity
Under Missouri Revised Statutes § 537.080, only certain individuals can file a wrongful death claim, and specific timelines apply. Without knowing who qualifies as a “class” plaintiff and how the statute of limitations applies to your case, you risk missing critical deadlines or losing your right to sue altogether.
Even if the claim is valid, insurance companies often exploit legal technicalities to deny or reduce payments. A wrongful death attorney will ensure the case is filed properly, the correct parties are named, and all legal procedures are followed to prevent your claim from being thrown out on procedural grounds.
Insurance Tactics Can Hurt Your Claim
Insurance adjusters may engage in a variety of tactics to protect their company:
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Asking misleading questions designed to get you to admit partial fault
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Sending medical authorizations to access private records they can use to argue preexisting conditions
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Offering lowball settlements and framing them as “standard”
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Delaying communication to frustrate you into accepting less
Even if you don’t say anything wrong, the insurance company may twist your words, or their documentation of your conversations may be incomplete or inaccurate. Without an attorney, you have no legal shield against these manipulations.
Settling Without an Attorney Is Usually Final
If you agree to a settlement on your own, you’ll likely have to sign a release that bars you from ever reopening your case—even if new evidence arises or your damages turn out to be worse than expected. Many people settle too early, before they fully understand the emotional and financial toll the loss will take on their family.
Wrongful death attorneys know when the time is right to settle and how to structure the agreement to account for both current and future losses. Once you sign a release, there’s no going back.
You May Be Entitled to More Than One Claim
In some wrongful death cases, there may be multiple liable parties or multiple sources of insurance coverage (for instance, the at-fault party’s policy, employer’s policy, or underinsured motorist coverage). Without an attorney, you may not even realize these additional sources exist.
A skilled attorney can investigate thoroughly, identify all avenues of recovery, and ensure you’re not leaving money on the table.
Wrongful Death Cases Are Emotionally Overwhelming
The grief and emotional trauma of losing a loved one make it difficult to make decisions objectively. Insurance companies know this and often move quickly, hoping to take advantage of your vulnerable state. They might say things like:
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“This is the best we can offer.”
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“You don’t need an attorney. It will just slow everything down.”
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“We’re trying to help you put this behind you.”
In truth, they’re hoping to resolve the claim cheaply before you realize how much your case is truly worth. Having a lawyer handle these conversations protects you from being exploited while you focus on mourning and supporting your family.
Choosing HUBBARD & KURTZ, L.L.P. for Your Wrongful Death Claim
The attorneys at HUBBARD & KURTZ, L.L.P. are dedicated to providing compassionate support and vigorous representation for families dealing with wrongful death cases. Our firm is equipped with the knowledge and experience to handle the complexities of these claims, ensuring you receive the justice and compensation you deserve.
If you are facing the tragedy of losing a loved one due to someone else’s negligence in Kansas or Missouri, contact HUBBARD & KURTZ, L.L.P. at (816) 472-4673 or toll-free at (877) 535-1163. We are here to support you every step of the way, providing the legal expertise needed to honor your loved one’s legacy and secure your family’s future.
