If your premiums are paid and your filing is valid, your insurance company has a duty to compensate you for the losses that are covered in your policy. However, insurers can sometimes act in bad faith by unreasonably denying, undervaluing, or delaying the investigation of their client's claims. Sometimes, they may even refuse to pay any form of compensation at all.
Keep reading to know what Texas bad faith damages are available to you through an insurance bad faith lawsuit, and how an experienced bad faith attorney from Millin & Millin Attorneys can help you pursue whatever compensation you may deserve.
When an insurer acts in bad faith, it means it has acted unreasonably or unlawfully, leading to losses for policyholders. Some bad faith tactics that insurers may engage in include, but are not limited to:
It’s worth noting that there are some types of good faith practices that may still be against the best interests of the policyholder. For instance, denying an otherwise valid claim for unpaid premiums, a late filing, or fraud on the policy application may each constitute fair dealing.
The bad faith damages Texas courts offer depends on your situation. It is usually influenced by factors like the type of claim you present to the insurer, the bad faith acts committed, and the losses you have suffered from such acts. The bad faith damages you can claim in some of these situations include:
Compensatory damages are claims you can pursue for the actual loss you’ve suffered. In bad faith insurance cases, compensatory damages typically cover two types of harm:
For instance, if your house was damaged, the court can award bad faith insurance damages for the cost of repairing the damage, your contractor's fees, and the attorney fees of your Texas bad faith lawyer.
Punitive damages, also called exemplary damages, are a form of punishment for bad faith insurance companies. To be awarded punitive damages, your Texas bad faith attorney must prove that:
Different factors can affect the court's evaluation of your bad faith insurance claims and the damages to grant, including:
You will need to discuss these factors with your Texas bad faith attorney to help you evaluate your situation and gather evidence to build a strong case against your insurer in court.
If you think your insurance company acted in bad faith against you, you should absolutely reach out to a lawyer for help. First of all, your insurance company will have considerable resources to put toward fighting your case, and you’ll need a capable legal team by your side to fight back. Plus, insurance cases can be incredibly complex, and it will be nearly impossible for you to bring a successful suit without legal expertise. Aside from defending you in court, your attorney will also handle negotiations with the insurance company and protect your best interests if you decide to settle out of court.
When pursuing damages, a knowledgeable Texas bad faith insurance attorney will help you:
These actions can significantly improve your chances of getting the damages you seek and ensure that your insurance company takes responsibility for its actions.
Not every delay, refusal to pay, or inconvenient tactic is the same as acting in bad faith. Sometimes, these actions might qualify as fair dealing. It’s best to get an experienced Texas bad faith insurance attorney to evaluate your case properly and determine the right damages to pursue in court.
At Millin & Millin Attorneys, we can help you investigate your insurance claim thoroughly, protect your best interests, and ensure that you have the legal support you need to pursue adequate compensation for your losses. Whether you’re facing a denied auto, home, or health insurance claim, you can count on us to help you fight for whatever you may be owed.
