As lawyers who concentrate in the wrongful denial of life insurance claims, we typically speak to people when they are in the midst of grieving the loss of a loved one. Sometimes, however, the grief is compounded by the way in which that person died. Whether the cause of death was a drug overdose, a drunk driving accident, or the like, there can be a level of shame and embarrassment that surviving friends and family members are forced to deal with. Learn about autoerotic asphyxiation death.
This shame and embarrassment can be especially intense when the person dies during some sort of sexual act that society deems to be outside of the “norm.” Examples of this include so-called “erotic deaths” – death that occurs during erotic or autoerotic asphyxiation.
Because there have been a few celebrity deaths that involved autoerotic asphyxiation, many people are at least vaguely familiar with that term. In essence, it involves masturbating while cutting off oxygen to one’s brain using a noose around the neck. When performed properly, the noose loosens up once the person passes out, and normal breathing can then resume. The practice is said to greatly enhance orgasm. On some rare occasions, however, the noose does not loosen up and the person ends up accidentally hanging themselves to death. Terms you may hear include: lose consciousness; sexual practices; pornographic magazines; erotic asphyxiation; sexual masochism; strangling oneself; sexual pleasure; sexual arousal; plastic bags; rescue mechanism; and family members. More terms include; forensic medicine; cross dressing; noose around the neck; neck compression; and published cases.
Erotic asphyxiation, on the other hand, involves the same practice but with another individual. That person can be choking the other manually or can be in control of the noose device that cuts off the person’s oxygen supply. In theory, erotic asphyxiation should be a safer practice since one of the individuals remains conscious throughout the ordeal. Sometimes, though, accidents can occur and things can go terribly wrong, resulting in one partner’s death.
In either case, life insurance companies will often exploit the surviving beneficiary’s shame surrounding the cause of death by issuing legally unsound claim denials and hoping that the beneficiary is simply too bereft to do anything about it. This article explores the most common ways that life insurers do this.
Death by autoerotic asphyxiation
As noted, autoerotic asphyxiation is typically achieved by using a noose or other mechanism around the neck to cut off blood supply to the brain. Not surprisingly, when people die from autoerotic asphyxiation, the death scene can be perceived as a suicidal hanging at first glance. Most times, however, a more detailed examination of the scene reveals the truth.
For example, there are often sex toys or bondage instruments at the scene. In many instances, pornographic magazines or videos are on hand. Often, the person’s computer will show a history of internet searches relating to the topic. Additionally, an investigation into the person’s background typically reveals that they were not depressed or suffering from any other mental condition that would cause suicidal ideation.
Nonetheless, life insurance companies almost always deny claims where the underlying death was the result of autoerotic asphyxiation. They do this by claiming the that the death was actually suicide. They also do this despite scores of published cases where the court has decided that the intent of a person who dies from autoerotic asphyxiation is sexual pleasure, not self-harm. Perhaps most disturbingly, they do this because they know that grieving, embarrassed policy beneficiaries are unlikely to fight their claim denial.
That is precisely why it is so important that individuals who have had a life insurance claim denied on this basis contact an attorney specializing in this area. We are never embarrassed to take on cases involving autoerotic asphyxiation. We fight wrongful claim denials every day and we are never intimidated by insurance company lawyers or their underhanded tactics.
Death by erotic asphyxiation
Cases involving death by erotic asphyxiation can be a little more complex. They can also dredge up greater feelings of shame and embarrassment as oftentimes the policy beneficiary was the other partner to the fatal sexual act.
In these cases, the life insurance company capitalizes on those insecurities in a slightly different way. Here, they tend to invoke policy language that precludes a death payout if the beneficiary caused the policyholder’s death. Again, however, the insurance company is wrongfully interpreting a policy exclusion in order to avoid paying a valid claim. Indeed, those exclusions were intended to prevent someone who intentionally causes the death of another with malice. For example, a murderer generally cannot collect life insurance proceeds from a policyholder whom he intentionally killed.
By and large, deaths by erotic asphyxiation are purely accidental. Thus, there is no reason for the beneficiary to have their claim denied. Nonetheless, life insurers will almost automatically issue a denial in hopes that the grieving, embarrassed beneficiary will not be able to muster the strength to fight.
Again, that’s where attorneys like us come in. Once you retain our firm, we will take over all communications with the insurance company. We know the law in this area inside and out. We constantly review and analyze new case law so we have the most current legal precedent at our fingertips. We’ve read and interpreted more life insurance policies than we can possibly count and we know the ways that lawyers for the life insurance companies try to manipulate policy language to avoid claim payouts. Most importantly, we have an impressive track record of success when it comes to contesting claim denials.
If you have had a life insurance claim denied, please don’t hesitate to contact our firm. Your initial consultation is free and we will give you a thorough and honest assessment of your chances of overcoming a claim denial. Moreover, once we decide to work together, you won’t pay our firm a dime unless and until you receive a monetary award from the life insurance company.
We understand that certain deaths involve facts and circumstances that are more delicate than others. We also know that it can be hard for you to talk about your situation. The good news is that our entire staff is compassionate, professional, and understanding. We’re here to help. We have never lost an autoerotic ashyxiation case out of the hundreds we have handled, so please contact us today to discuss.