You’ve been in a car accident. Or, your care after an accident was limited due to your insurance company’s denials. You may be facing a denial of a claim or an unwillingness for the insurance company to pay you as much as you believe you are owed.
In situations like this, it is critical for you to seek out legal representation. Insurance companies employ high-powered, very skilled attorneys to defend themselves. You need the same to ensure you can file a lawsuit against your insurance company. Call Johnstone & Gabhart, LLP for additional and immediate help.
Why Should You Sue Your Insurance Company?
There are numerous reasons why you may wish to file a lawsuit against your insurance company. To do so, you will need to consider whether or not there are advantages to filing a lawsuit. For example, when you work with your legal team, we’ll help you decide if you have grounds to potentially win a claim. This generally happens only after you’ve exhausted other means of negotiating with your insurance company.
Some key reasons why you may wish a lawsuit like this include the following:
- You believe your policy does not exclude coverage the insurance company has denied.
- You believe you are owed more than what the insurance company is willing to pay.
- Claim errors may have occurred which may have limited your ability to file a claim.
- You believe your insurer has denied your claim after a bad faith denial occurs.
- You may have been denied as a result of insurance fraud, but may not believe this should be the case.
In these situations or others, your first step is to meet with your legal team to discuss your specific case. It will be important to understand why the insurance company denied your claim, and then, to determine why this is not accurate. Gathering evidence and information about your claim is critical in this situation.
What Happens Next?
After you meet with your legal team, you’ll be able to give your representative the ability to speak to your insurance company on your behalf, if there is the potential to negotiate better terms, this may be the route to take. In all cases, if there is no ability to obtain compensation or work with your insurer, your attorney will move forward with a claim against the insurer.
Your attorney will work with you to determine if you can bring a lawsuit against your attorney. For example, many claims occur as a result of breach of contract action. Because your insurance policy is a legally binding contract, this reason for a lawsuit exists. A bad faith lawsuit may also apply.
Your state’s laws will play a role in the type of case you may be able to file. However, our team will work with you to determine which possible paths may exist to help you to obtain the legal action you desire.
What Will You Need to Prove Your Claim?
When suing your insurance company, your attorney will work with you to understand what legal tools you have to work with. For example, you will need to have all documentation you’ve had with your insurance company. It is best to ensure you have recorded any calls possible (though most insurance companies will record such calls).
You also need to be sure you have proper records of your losses – medical bills, receipts for the types of repairs you had to make, repairs, as well as any lost wages you’ve incurred as a result of the incident. Emotional distress may apply. It is very important to be accurate here.
Once all of this information is obtained, you can then file a lawsuit in the claim. Your attorney will then file the documentation necessary and move forward. In some cases, the claim will go to a full trial. In others, the insurance company may work to settle your claim with you.
It is always wise to have an experienced attorney helping you throughout this process. It is not easy to file a claim against your insurance company even if you have a significant amount of evidence. With the help of an insurance provider, it is possible to overcome such challenges.
Are You Struggling with Your Insurance Provider? Call Us First
If you’re thinking about filing a lawsuit against your insurance company in West Virginia, Kentucky, or Ohio, call Johnstone & Gabhart, LLP. Our legal team is here to answer all of your questions and provide you with information on what your next steps are. We are an aggressive, proven law firm capable of helping you overcome the losses you’ve struggled due to your insurance company’s ineffective coverage.
Call our legal team for a free case review. Use our online contact form or call us at 877-416-5457. We will visit your hospital or home if you cannot come to us.