If you’re dealing with a denied insurance claim, understanding your rights and the options available to you is very important. Insurance companies are expected to act in good faith, but unfortunately, some may use unfair tactics to delay or deny valid claims. If your claim was denied due to bad faith practices, knowing how to respond can greatly impact the outcome of your case.
Keep reading to learn about how to sue an insurance company for bad faith and how a Texas bad faith insurance attorney can help protect your rights.
If you feel your insurance company has acted in bad faith, you have the right to take legal action. Here’s a step-by-step guide on how to proceed with suing an insurance company for bad faith:
Collect all your important documentation like emails, claim forms, letters, medical records, and any other form of communication you’ve had with the insurer. This evidence will help to establish a pattern of bad faith behavior.
An experienced bad faith attorney can assess your case, advise you on your rights, and determine whether you have grounds for a lawsuit. Many attorneys offer free consultations to assess your situation.
Before you file a lawsuit, carefully examine your policy to understand your coverage, exclusions, and the insurer’s obligations to you. You’ll need to be sure that the delay or denial of your claim is in violation of the terms outlined in your contract.
Sometimes, your issue can be resolved internally by the insurance company. You can file an appeal of your insurance judgment with your insurance provider, stating the issue and requesting a resolution.
If the insurer does not respond appropriately, you can file a complaint with the Texas Department of Insurance (TDI), the state’s insurance regulatory body. They can investigate the matter and sometimes pressure the insurer to act in good faith.
If the TDI isn’t able to resolve the issue, your attorney may need to issue a demand letter to your insurance company. This letter should clearly state what you feel the company owes you and include justifications for why you believe you’re owed compensation. Your attorney can help you create a strong demand letter for your case.
If your insurance company ignores or rejects your demand letter, your attorney will help you file a lawsuit. You may be entitled to recover damages beyond the original claim amount, including attorney fees, punitive damages, and compensation for non-economic damages.
Once the lawsuit is filed, both sides will engage in discovery, where evidence is exchanged. Your attorney may negotiate a settlement or take the case to trial if necessary.
If a fair settlement isn’t reached through pre-trial negotiation, your case will go need to trial. A judge or jury will determine if the insurer acted in bad faith and, if so, what damages you are owed.
Insurance companies are legally obligated to act in good faith when handling claims. However, some insurers unfairly deny or delay valid claims. If you suspect your insurance provider is acting in bad faith, you may have grounds for filing a lawsuit.
Filing a lawsuit against an insurance company is a serious step, but it may be necessary if you experience any of the following:
If your insurance claim has been denied in bad faith, getting legal representation is the right choice. Insurance companies have considerable resources and high-powered legal teams to protect their interests. This makes it challenging for policyholders to fight unfair claim denials alone. Hiring an experienced bad faith insurance lawyer can help increase your chances of getting the compensation you deserve.
A bad faith insurance attorney understands what’s involved in insurance law and recognizes deceptive tactics that insurers use to avoid paying claims. Here’s how a Texas bad faith insurance attorney can help you sue insurance companies for bad faith:
Dealing with a denied insurance claim can be overwhelming, but you’re not alone. Whether your claim was wrongfully denied or delayed, acting quickly and seeking legal guidance can make all the difference in securing the compensation you deserve.
At Millin and Millin Attorneys, we are dedicated to protecting policyholders from bad faith insurance tactics. If you suspect your insurer has acted unfairly, our experienced team is ready to stand by your side. Contact our Texas bad faith insurance attorneys today to discuss your case and figure out your legal options.
