The sooner your case enters the legal arena, the better chance you’ll win. This is why avoiding unneeded delays is of the utmost importance.
Every day, insurance claims are filed — and every day, many are denied. Resubmissions and appeals often don’t work. So how do we fight and get claims honored? By hiring a seasoned Miami insurance lawyer, filing lawsuits, and trusting the process.
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Florida’s Statute of Limitations
From state to state, statutes of limitations vary. The state of Florida has a five years statute of limitations for bringing suit against an insurance company that has denied a claim. The start point of that time period starts on the initial date of loss.
File a Lawsuit if Your Claim Is Going Nowhere
Hesitating on processing claims is a textbook strategy for insurance companies seeking an advantage against claimants. When attempts to pressure the insurance company to expedite the process fail, it may be time to present them with a lawsuit. Oftentimes, filing suit is enough to scare them into compliance and get them to close out the claim.
The Sooner You File a Lawsuit the Better
Litigation is seldom speedy, and months or years can pass before the matter is settled. This is why there is no time to waste in presenting the insurance company with a lawsuit. Insurance dispute lawyers know how to advance your case and ensure a swiftly filed lawsuit.
Also, the closer together the incident and the lawsuit are, the more likely memories are to be well-articulated and vivid. Generally speaking, this is an important detail that usually strengthens the case in the claimant’s favor.
What Happens When You Sue an Insurance Company?
It’s the company’s lawyers against you. This is why hiring a lawyer with experience in these matters is the best move. Before hiring an attorney, you should scrutinize their references and experience record.
During the discovery period of proceedings, both sides will review the facts and history of the dispute. Discovery happens during what is called “depositions,” or the time when documents are exchanged and probed for integrity under oath.
Court expenses go toward court fees, discovery and travel, and experts. In time, your attorney can get you prepared for a “deposition”. During this process, you swear to answer questions honestly. Your attorney uses objections to shelter you from unjust lines of questioning.
If a settlement isn’t reached and a trial occurs, you’d be required to testify in court.
Since insurance company dispute lawsuits move at a sloth-like pace, patience and perspective are key. Trusting your attorney to keep you posted on the status of your case is part of how the possess works. You are likely to be directly involved in settlement talks, and during that process, you’ll need to consider offers and make choices on many matters.
What Can I Do if I Can’t Afford an Attorney?
Attorneys working on contingency are those who don’t collect fees unless a client wins against the insurance company. The attorney collects a percentage of the amount they recover, and there are no hidden fees for recovery. Hiring an attorney on contingency is usually simple, although some details may vary from place to place.
Suing My Insurer For Damages
Taking several factors into account (state, policy limits, etc), you may be able to recover:
- Attorney fees
- Court fees
- Your full economic losses
- Loss of use of your home or car
- Loses related to unpaid benefits
- Lost interest
- Loss of opportunity
- Medical bills
- Property damage
Non-economic losses include pain and suffering, emotional distress, and anxiety resulting from your losses. When the insurance company’s refusal to pay benefits owed is factored into settlements, you can also be awarded punitive damages by the court.
What Happens if I Sue My Insurance Company and Lose?
This depends on the details of the agreement you’ve entered into with your attorney. Sometimes, the defeated party covers everything, and sometimes each party pays its fees. Talk to your lawyer during your initial consultation regarding expenses if your case doesn’t end in your favor.
Insurance Company Lawsuit Resolutions
The decision to file a lawsuit against an insurance company does present the possibility that a trial could happen. While the overwhelming majority of cases settle before trial according to the DOJ, it could be the case that a judge and jury get the final call.
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