When you make the decision to sue a medical insurance company, your next step is likely to search for the best lawyers who sue insurance companies. Because everybody wants what’s best for themselves, right? While you search for your perfect legal counsel, there are many factors to take into consideration. The first of these is your budget. Because there are so many different legal needs and reasons to sue an insurance company, there isn’t technically a “best” lawyer for suing insurance companies. However, those who are experienced in the field of insurance and contract claims are a great place to start.
At Reich & Binstock of Houston, we represent clients at both local and national levels with their insurance and contract claims. Our commitment is to protecting the rights of those monetarily injured by the medical insurance system. Many of our clients come to us wondering what they can do to stop their insurance company from acting in bad faith. If you or someone you know needs an attorney to sue their medical insurance company, feel free to give us a call. To set up your free consultation, dial 713-622-7271 today, or visit us online and fill out our free intake form.
Finding Lawyers Who Sue Insurance Companies
Reasons to Sue an Insurance Company
Many unique and valid reasons exist for suing an insurance company. Below, we list some of the reasons we have assisted our clients over the years in filing suits against their insurers.
The insurance company:
- provides an inadequate or delayed investigation into your claim.
- refuses to pay your claim, even though it is valid.
- fails to deny or approve your claim within the appropriate time frame.
- denies your claim without an explanation as to why.
- fails in defending you in a liability suit in which at least one claim is covered by your policy.
How to Sue an Insurance Company?
Let’s say your medical insurance company refuses to accept your perfectly legitimate claim. What do you do now? Pursue your legal rights, of course! Under the right circumstances, it is perfectly permissible and appropriate to file a lawsuit against insurance companies, especially if you believe they are engaging in bad faith practices.
However, keep in mind that your first step after a claim denial is usually beginning the appeals process. Work with your Houston insurance claim attorney to determine the best approach for filing and appeal for your denied claim. If the insurance company still denies your appeal, then we recommend taking legal action.
These insurance companies all have a profit motive that involves either offering lowball settlements or refusing payouts altogether. At Reich & Binstock, we’re here to protect you and your rights against sordid tactics like those.
What Does it Mean to Sue an Insurance Company?
If you’re unsure about what to expect when you sue your health insurance company, fear not. This section outlines the basics of what many of these cases look like in the state of Texas.
Suing an Insurance Company Process
After you’ve found a lawyer or lawyers who sue insurance companies, the process looks like the below outline:
- Lawyers on both sides investigate the facts of the case, the history between the two sides, and exchange documents. This is the “discovery” process. During this process, they conduct depositions, which are fact-finding procedures done under oath.
- Before the deposition even occurs, you and your lawyer will prepare for all possible questions. Both sides take turns asking and answering questions. During this process, your lawyer protects you from any unfair questions.
- If no settlement is reached, the case goes to trial. Then, you will likely witness and testify in court. The important thing to remember here is that patience is key. Insurance companies would rather drag out the legal process than pay you up front. Trust in your legal counsel, and check in periodically to stay informed.
What Kind of Lawyers Sue an Insurance Companies?
Your best option in this situation is to hire a Houston insurance claim lawyer. Insurance companies won’t want you to hire someone qualified to oppose them, as they’d rather keep their money and push you into a loss. However, some attorneys, like those at Reich & Binstock, have over 30 years of experience going to bat on behalf of victims who fight against seedy insurance tactics and breach of contract cases. Just as we have in the past for so many others, we’ll fight for your right for just compensation.
How Do You File a Bad Faith Claim Against an Insurance Company?
Filing a bad faith insurance claim might sound like a complicated ordeal. However, with the help of an experienced attorney, it’s a simple step-by-step process.
Steps to File a Bad Faith Claim
Below, we provide these simple steps, as well as expand upon each one to help you stay informed:
- Review your contract. This is extremely important, as knowing the details of your contract could save you a lot of headache. Before you can file a valid lawsuit, you must determine whether or not the insurance company actually committed a breach of contract.
- Log your claim. This helps to prove your claim’s validity and ensures that it falls within the bounds of your contract. Gather all evidence available to you and keep a log of all contact between yourself and the insurance company. Note important dates, as well as names and contact information.
- Document the denial of your claim. Review the denial with a supervisor at the insurance company, and consider appealing the claim. Document all of these interactions with the insurance company.
- Make demands. As we stated before, try to settle your claim before filing a lawsuit. Work with your lawyer to draft and then send a demand letter to the company, and wait for their response. If they still refuse to settle, continue to the next step.
- File a complaint. Every state, including Texas, has their own Department of Insurance. Submit a complaint about the company to this Department.
- Initiate the lawsuit. While it is no easy task, this is a necessary step to recovering the damages you are owed. Work closely with your attorney during this process, and follow their advice as closely as possible.
How to Sue an Insurance Company in Small Claims Court?
As we stated before, most claims require a prior attempt at an appeal and/or settlement for your claim before filing a suit. Every state has their own laws regarding bringing suits against insurers. In a lot of cases, individuals either choose to pursue a breach of contract claim or a bad faith lawsuit. Laws and codes exist which govern the practices of insurance companies. Use these to your advantage, and get with an attorney to determine which course of action suits your particular situation. Some cases only allow for compensatory damages, while others allow for punitive damages also.
How to Sue an Insurance Company That Refuses to Pay Damages?
Your insurance company refused to pay your valid claim. Now what? First, get with your insurance claims attorney about the situation. Depending on the details of your case, they will suggest the best course of action for you.
Below, we outline a generalized plan of action for suing an insurance company:
- First, ask the insurance company to explain why they denied your claim. Don’t just assume that they simply don’t want to pay you. If you were not at fault for the accident, but your insurer still won’t pay, then there’s an issue.
- If you don’t make any progress, then you’ll need to go after the most important thing to them: their profits. Work with your attorney to fairly evaluate your claim with supporting evidence. Then, set a firm payment deadline. In many cases, insurance companies who receive a letter from an attorney will feel more inclined to pay up.
- If the issue is that the other driver’s insurer won’t pay, then see if your own policy covers the damages. Should your company comply and compensate you, they will then undergo subrogation. This is their process of recovering part of or all of the expenses of your claim from the other insurance company.
- Let’s say your claim amount is relatively small. You might want to take your insurer to a small claims court. In these situations, you don’t necessarily need a lawyer, but it’s always a good idea to have one. Mediation is also an option, with or without an attorney.
- Lastly, you can file a lawsuit. Be sure to contact an attorney as soon as possible, as you only have a limited amount of time in which to file a suit.
Houston Lawyers Who Sue Insurance Companies
At Reich & Binstock, we make it our top priority to represent all our clients to the best of our ability. With nearly 30 years of experience, you can rest assured that we won’t hesitate against even the largest of companies. If you’ve been wondering how to sue an insurance company, you need the attorneys at Reich & Binstock. For a free consultation, call our office at 713-622-7271 today, or fill out our online intake form.