You can sue an insurance company by proving their negligence or bad faith tactics and submitting the paperwork on time. Insurance companies have contractual obligations to their policyholders. In third-party cases, they have similar obligations and state-mandated regulations that must be met. If you or a loved one is struggling to recover fair and appropriate compensation from an insurance company, consider hiring a local attorney to represent you.
You do not have to handle this type of complex case without legal guidance and support. A law firm in your area will usually offer a free review of your case. A Boca Raton insurance claims lawyer will explain your rights and the insurance company’s responsibilities. Your lawyer will investigate your potential financial recovery. They will also explain each step of the process involved in suing an insurance company.
Types of Damages You Can Seek When Suing an Insurance Company
By suing an insurance company, you can pursue economic and non-economic damages. When an insurance lawyer represents you, they will examine the applicable policy and any financial consequences you suffered due to the insurer’s actions.
Every case is unique and will have a specific value. In general, you can recover:
- Economic or tangible damages
- Non-economic or intangible damages
- Wrongful death damages, where applicable
- Punitive damages, though these are rare
You can also sue your insurance company for emotional distress for the psychological impact of their actions. Understanding the range of financial compensation you are entitled to can be complicated. Your lawyer will carefully assess and document the monetary value of your case.
An Insurance Claims Lawyer Can Help You Understand the Litigation Process
Suing an insurance company is a complex legal undertaking with a plethora of moving parts. If you hire legal representation, your lawyer will clarify their role. In most cases, the process will involve:
- Consulting an attorney to investigate your claim
- Gathering supporting evidence and documents
- Determining what fair compensation would look like
- Filing your lawsuit within the allotted timeframe
- Depositions and discovery sessions
- Presenting your case and fighting in court to reach a fair settlement, if necessary
Your lawyer will work hard to resolve your lawsuit against the insurance company with a settlement. If one cannot be reached, they will take your case to court for final resolution.
When You Can Sue Your Insurance Company for Negligence
With legal direction, filing a lawsuit can allow you to hold the insurance company accountable. The first thing your lawyer will do is determine the grounds for your lawsuit. You can sue your insurance company for negligence if they:
- Knowingly refuse to honor a valid claim
- Reduce your compensation without just cause
- Intentionally avoid their responsibility to compensate you
When a lawyer handles your claim, they can cut through the legal and insurance jargon in the paperwork. They will explain it to you for clarity and use it to hold the insurance company responsible for their negligent actions.
When You Can File a Bad Faith Lawsuit Against Your Insurance Company
When you purchase insurance, you should be able to rely on its protections when you need them most. According to Florida Statutes § 624, your insurance company acted in bad faith if they:
- Do not make a good-faith attempt to resolve your claim
- Do not properly and accurately document your claim payment
- Create an unwarranted delay in handling or paying your claim
On your own, it can be hard to know what to expect from an insurance adjuster, which can make it hard to understand what constitutes bad faith practices. Your lawyer will review your claim and document any proof that the insurance company or their adjuster acted in bad faith.
Possible Defenses You Might Hear When You Sue an Insurance Company
When you sue a first- or third-party insurance provider, you must have a valid reason for doing so. The insurance company, in turn, can respond to your allegations. Defenses to the insurer’s action can include:
- The policyholder did not make their premium payments
- The claimant is not listed on the insurance policy
- The claim contained false or misleading information
- The claimant failed to report the incident or accident to the proper authorities
- The insurance company disputes the monetary value of the claim
- The claim did not contain sufficient evidence to prove liability
The insurance attorney handling your case will review any correspondence between you and the insurer. If one was provided, they will also examine your letter of denial.
A lawyer near you with familiarity with Florida Office of Insurance Regulation (FLOIR) guidelines can help you understand the consequences of the insurer’s actions.
A Law Firm Can Combat These Defenses When You Sue the Insurance Company
Fighting back against an unscrupulous insurance company can be a challenge. The law firm handling your case will review their defense and build a case file that supports your right to financial recovery.
Evidence your lawyer compiles for your case can include:
- Official reports related to your claim
- Correspondence from the insurer
- A complete copy of the insurance policy
- Photos, videos, and additional visual evidence
Fighting for compensation by suing an insurance company can be an overwhelming process. When a lawyer manages your case, they handle all the legal aspects and fight for a fair and appropriate financial award. Your lawyer will also consult subject matter experts to support your case.
Many will accept your case on a contingency-fee basis, meaning you will only compensate the law firm after they recover compensation for you. If you do not recover any damages, you will not owe any fees at all.
Get Legal Guidance When Suing an Insurance Company
If you filed a valid claim with an insurance company and your claim was not handled fairly or the insurer acted in bad faith, you could be eligible for compensation. At Ged Lawyers, our insurance claims attorney will explain how to sue an insurance company and the types of damages you can recover.
Learn more about your right to financial recovery with a free consultation and review of your case. Contact our consultation team to learn more about our personal injury attorneys today.