Bad Faith Disability Insurance Attorney
If you have experienced bad faith by your disability insurance company, contact Heidari Law Group today.
If you have been involved in a very serious accident, such as a car accident or a workplace accident, you may end up having to file for disability benefits. There are two different types of disability benefits, this includes short-term disability and long-term disability. These types of benefits are meant to compensate the injured victim for the compensation they have lost out on while they were injured. For example, this can include a calculation of lost wages, along with medical bills.
The two different categories depending on the seriousness of your injuries. If your injuries are temporary and you will be able to return back to work, this most likely will be filed under a short-term disability benefit. However, if you have sustained very severe injuries and will not be able to return back to work, you may be eligible for long term disability. Insurance companies provide these disability claims. However, not every insurance company works for the people. Insurance companies often put their priorities before others and want to make sure they pay out as little as possible. This means that they may resort to bad faith behavior, such as denying your disability claim.
If you have had your disability claims denied or have been mistreated by your insurance company, you may be able to file a bad faith Insurance claim against the company. Our attorneys have decades of experience representing victims who have been denied disability insurance, and will work with the victims to make sure that they get the justice they deserve. It could be very stressful to suffer a severe injury, especially if you now have a loss of income. You will be able to recover a variety of damages from the insurance company if you hold them liable under a bad faith lawsuit. Different types of compensation include the original disability payments you are entitled to, damages caused by the insurance company’s bad faith conduct, emotional distress, and punitive damages if the insurance company acted maliciously. To determine what type of compensation you could specifically receive for your disability insurance bad faith claim, contact our experience bad faith attorneys today. We are located in California and Nevada, and have several offices located in several different parts of the state to make sure that we are readily available for you.
What is bad faith?
There is a requirement that every insurance company acts with good faith and fair dealing when they are dealing with their insurer. This means that they have to respect the insurer and make sure that the insurance company does not violate the insurer’s rights. An insurer has rights to hold the insurance company responsible if they do not act in good faith.
What are examples of disability bad faith claims?
- Delaying the investigation: after you have filed a claim for disability benefits, the insurance company should have to investigate and look into the claim to evaluate how much your benefits may be. This means investigating where the accident occurred, who were the parties involved, and the injuries you have suffered by looking at your medical bills. Oftentimes, insurance companies may try to delay the investigation as much as possible to avoid paying the benefits.
- Not having an investigation: every insurance company has a responsibility and duty to make sure that they hold an investigation into the claim and look for coverage. However, if your insurance company doesn’t even bother to hold an investigation and doesn’t even take a single step to look into your claim, you could hold them responsible for bad faith. An insurance company cannot act passively, and must act actively.
- Denying the claim without a reasonable basis: disability insurance policies must have specific language in the contract and make sure that the insurer is informed about their rights. This means that no material misrepresentations can be made by the disability insurance company. If a material misrepresentation has been made, whether it is to a fact or to a specific coverage policy, the victim will be able to hold the insurance company responsible.
- Canceling the insurance coverage: if your insurance company has canceled your coverage without giving you a valid reason why, you will be able to hold them responsible.
- Delaying payment of disability benefits: your insurance company may hold an investigation and may be able to determine how much you are entitled to; however they may delay the actual payment itself. The insurance company must have a valid reason as to the delay. If they don’t, you could hold them responsible.
- Underpaying your disability benefits: it may be determined that you are owed a larger sum of disability benefits, but if your insurance company only pays a portion of it, you will be able to hold them liable.
- Manipulating the insurer to take a low settlement offer: an insurance company cannot manipulate you or threaten you to take a low offer from them. If this occurs, you can file a lawsuit against them.
These are just some of the most common examples of bad faith by disability insurance companies. There are several other instances, however to best determine your specific claim, contact our attorneys today. With our extensive research and decades of experience, we will work to make sure that your insurance company is held liable. We have recovered around hundreds of millions of dollars for our clients, and have a winning streak making sure that our clients get the justice they deserve.
What are legitimate reasons as to why an insurance company may deny your disability benefits?
Some examples that are legitimate and reasonable from an insurance company include:
- When you are not considered disabled. For example, if you do not have medical records to show that you have been injured, you will not be able to seek recovery from the insurance company.
- You responded to deadlines too late. If you have filed paperwork too late or have provided information to late, the insurance company may be able to use this against you.
- Having no evidence. It is very important that you have substantial medical bills and records to show the insurance company when they conduct an investigation. If you do not, it may be used against you.
Call our California disability insurance bad faith attorneys today
We always put our client’s interests above ours, and provide individualized attention to all our clients because we know that going through an accident could be very stressful, and not receiving your compensation that you are entitled to could be even more stressful. That is why we will be on your side every step of the way as we navigate through the legal process in your favor and hold the responsible insurance company liable for bad faith.
To determine what type of bad faith your claim falls under, schedule an appointment with our experienced legal team today. There are several different types of bad faith by insurance companies, such as bad faith homeowners’ insurance claims (link), bad faith fire insurance claims (link), etc.
Our attorneys work on a contingency fee basis, which means that we will not take any fees from a client unless we win monetary compensation in their favor. We take on all the risks associated with your claim so you don’t have to.