Under some circumstances, it is possible to sue your insurance company for emotional distress. This is most common in a bad faith insurance case when the carrier fails to uphold their end of your contract with them. When this occurs, it is common for the company’s actions or inactions to cause emotional distress and other intangible suffering.
An insurance bad faith lawyer in Florida can help you understand your rights and recoverable damages if your insurance company acts in bad faith during your personal injury or property damage claim. They may help you recover expenses and losses caused by the insurer’s actions, including claim denial, delay, or underpayment.
How Does an Insurance Company Cause Emotional Distress When They Act in Bad Faith?
When an insurance company fails to uphold its end of the agreement with you, it can cause a cascade of concerns. You may be concerned about when and how you will pay your bills, which will likely cause you to experience undue stress and frustration.
An insurance policy is a contract between the policyholder and the insurance company. When an insurer acts in bad faith, they might violate the contract by denying the claim, stalling in their handling of the claim, or refusing to pay covered losses. When this occurs, you may want to work with an insurance bad faith lawyer to hold them accountable.
Your attorney can help you pursue the money you deserve based on your insurance policy in addition to other expenses and losses that occurred because of the bad faith. This could include emotional distress linked to the company’s actions or inaction.
What Other Damages Are Available in an Insurance Bad Faith Case?
The goal of suing your insurance company is generally to hold the company responsible for its negligence in handling your claim. Depending on the type of incident involved, the damages you seek will differ.
For example, imagine strong winds causing a tree to fall on your home. You filed a claim based on your related expenses and losses, which include:
- Repair costs for the roof and structure
- Replacement of items ruined by rain
- Hotel costs while you could not stay at home
- Other related expenses with receipts
Your homeowners policy should cover these costs, and you should receive compensation. However, your insurance carrier could deny the claim. Then, you must pay for your family’s hotel during this process, causing serious financial stress. At the same time, you cannot begin your home repairs because you do not know how you can pay for it without insurance coverage.
This stress and frustration lead to anxiety. In addition to the costs you originally needed to repair your home, you may also have a case for emotional distress because of how the bad faith has affected your mental health.
When Would You Need to Sue Your Insurance Company for Emotional Distress?
In general, you would only have a bad faith claim and sue your own insurance company in a case where they should cover your costs but refuse to.
There are some circumstances when your personal injury lawyer might recommend a bad faith lawsuit. One example is following an auto accident when you had to file a claim for damages, but it was denied.
When you purchase an insurance policy to protect your investments, such as your home, business, or vehicle, your policy is a contract with the insurance carrier. If they fail to uphold the promises made in that contract, you can sue for the money you deserve.
How Can an Attorney Help You Understand How to Sue Your Insurer for Emotional Distress?
If you tried to manage your claim on your own and ran into issues negotiating a fair payment, received a denial, or had other issues dealing with the insurance company, contacting a personal injury attorney could be the next step. A lawyer knows how to deal with insurance companies and compel them to pay policyholders for their covered damages.
When you trust an attorney with your insurance bad faith case, the law firm will take the necessary steps to fight for your payout. They will:
- Protect your rights to ensure you can sue later
- Manage all communication with your insurance provider
- Attempt to secure a fair monetary recovery through settlement negotiations
Sometimes, a lawsuit is necessary. While this could mean waiting even longer for the money you need to pay for your repairs or other covered costs, it is often the only way to hold the insurance company responsible for the money they owe you based on your policy. Your lawyer will handle all aspects of this case, including:
- Analyzing your policy and coverage
- Explaining any laws that may apply to your case, such as Florida Statutes § 624.155
- Documenting your covered losses
- Gathering evidence to show additional damages, such as emotional distress
- Preparing and filing a lawsuit
- Navigating the pre-trial and discovery process
- Representing your best interests to the court, insurance company, and others
Discuss Your Options for Seeking Emotional Distress Damages With Our Legal Team for Free
Ged Lawyers handles claims against bad faith insurance adjusters. If you are struggling to get the coverage your insurance company promised in your policy, we can help you. Insurance providers often respond faster to lawyers than individuals. We may be able to reach a settlement or take the case to trial.
We can answer your questions and provide legal advice during a free case review with our team. We do not charge upfront fees to handle injury or bad faith insurance cases.
Contact us online or via telephone today for a free consultation.