Dealing with insurance companies can be frustrating even under the best of circumstances. But when an insurance company denies your claim or drags its feet on paying you what you’re owed, it can feel downright unfair. This type of behavior is known as “bad faith” – when an insurance company puts its own interests ahead of yours, even though legally they are required to act in your best interest.
If you feel like your insurance company is treating you unfairly, a lawyer experienced in bad faith claims may be able to help. Here’s an overview of how a personal injury lawyer Pasadena can assist when you’re up against an uncooperative insurance company.
Filing a Bad Faith Lawsuit
In many cases, the threat of legal action is enough to get an insurance company to correct its bad faith behavior. But sometimes more vigorous measures are needed, which is when a lawsuit comes into play.
An attorney can file a bad faith claim against your insurance provider on your behalf. This accuses them of breaching their legal duty to act fairly and in good faith with respect to your claim.
The goal of a bad faith lawsuit is typically to recover financial damages caused by the insurance company’s actions. For example, your attorney may seek compensation for denied or delayed claim payments, emotional distress, and other consequences stemming from the bad faith.
If the bad faith has resulted in significant losses for you, such as the inability to pay for medical treatment or loss of income, the damages sought could amount to millions of dollars. Punitive damages may also be pursued to punish the insurer for egregious misconduct and deter future bad faith actions.
Negotiating a Settlement
It’s rare for bad faith cases to make it all the way to a courtroom trial. More often, these suits end up settling out of court once the insurance company realizes you have a legitimate case and competent legal representation.
An experienced bad faith attorney has the leverage to negotiate a fair settlement that covers your damages. They know how to craft a convincing demand letter and use litigation as a bargaining chip to bring the insurance company to the table. Settling avoids a prolonged court battle and provides a swifter resolution.
Your lawyer will start by sending a demand letter that outlines the wrongdoing and the amount of compensation being sought. This puts the insurance company on notice. From there, negotiations typically involve back-and-forth communication and gradually increasing settlement offers until an agreement is reached.
Having an aggressive and skilled negotiator on your side helps ensure you receive maximum compensation in the settlement, instead of being lowballed.
Providing Legal Counsel
Beyond just filing a lawsuit or forcing a settlement, a skilled Pasadena personal injury lawyer can provide invaluable counsel when your insurance company isn’t holding up its end of the bargain. Their in-depth knowledge of insurance regulations and bad faith law allows them to advise you on the best course of action.
An attorney can review your policy to determine exactly what coverage you’re entitled to. They can point out where the insurance company is falling short and communicate with them in legal terms to assert your rights. Having a law firm on your side levels the playing field when you’re up against a powerful insurance company’s legal team.
Your lawyer will also advise you on whether litigation is warranted or if a strategy of negotiations and demands is preferable. Their expertise helps maximize your chances of a positive outcome.
Collecting Evidence of Bad Faith
In order to prove your claim in court and negotiate from a position of strength, compelling evidence of the insurance company’s misconduct is needed. Your lawyer has investigative tools at their disposal to collect documentation showing bad faith.
Examples of evidence they may obtain include:
- Recordings of phone calls with insurance representatives where unfair treatment occurred.
- A paper trail of correspondence indicating delays or denial of rightful claims.
- Medical reports that conflict with the insurer’s stance on covering treatment costs.
- Statements from third-party experts attesting that you were owed benefits that weren’t paid.
- Past instances where the insurance company engaged in similar bad faith actions. This can help establish a broader pattern of misconduct.
Skilled attorneys know how to utilize subpoenas, Freedom of Information Act requests, and discovery during litigation to uncover key evidence. Having hard proof of bad faith gives your claim added legitimacy and makes the insurer more likely to offer a favorable settlement.
Relieving Stress and Burden
Finally, an experienced bad faith attorney lifts much of the burden of pursuing action against your insurance provider off your shoulders. The claims process is already stressful enough without adding a complex legal battle on top of it. This is especially true if the incident you are claiming for led to health problems or disabilities.
Let your lawyer handle the legwork like gathering evidence, corresponding with the insurance company, filing motions, and appearing in court. You can focus on recovery and dealing with the disruption to your life the denied claim has caused. Having strong legal advocates on your side makes a difficult situation more manageable.
Your attorney can also shield you from some of the aggressive tactics insurance companies may attempt, like excessive requests for documents or dragging out communications. They act as a buffer and handle the details of building a case, allowing you peace of mind.
Contact Us to Find Out How Lawyers Can Help When Your Insurance Company Acts in Bad Faith
If you feel like you have been treated unfairly by your insurance company, contact the experienced legal team at Karns & Karns Personal Injury and Accident Attorneys for a free consultation at 800-4THE-WIN (800-484-3946). We have a proven track record of holding insurance companies accountable when they engage in bad faith practices. Our attorneys are here to advise and empower you every step of the way as you stand up to uncooperative insurers. Don’t let an insurance company deny you the damages you deserve. With us as your counsel, you can be confident that justice will be served.
