Different types of insurance are required by law in several places. For example, car insurance and homeowners' insurance will most likely be required in your state. Because of this, insurance policyholders expect their insurance company to follow the contract they both agreed upon in the event of a filed claim. This does not always happen the way it should, which can cause insurance litigation.
What Is Insurance Litigation?
Litigation is another way of saying lawsuit or taking legal action against another party. When litigation is in terms of insurance, this generally means that a policyholder is taking legal action against an insurance company or vice versa.
Reasons for Insurance Litigation
There are many reasons that can cause someone to take legal action against an insurance company.
Some common reasons can include:
- One or both parties misunderstood the wording of the policy
- One or both parties disagree about the value of the damage
- Poor communication regarding changes to the policy
- Failure to investigate the claim in a timely manner
- Denial of a valid claim
- Refusal to make a settlement offer
- The insurer threatened the policyholder so they would not file a claim
Who Can Help?
In an insurance litigation case, you can find and hire an insurance litigation attorney to help you through the process. They are trained and educated in the litigation process. If you hire an attorney to help you, they can do many things like represent you in court.
Other things an insurance litigation attorney can help with include:
- All paperwork and documentation
- Communication with the insurance company
- Investigate the case
- Collect the evidence
- Oversee new contracts and policies
Importance of an Insurance Litigation Attorney
Having an attorney by your side can sometimes make or break your case. Even if you are confident with your case, it's always best to have someone who is experienced in the courtroom with you. Because your attorney has been through this process multiple times, they know the tricks they can use and are familiar with all the laws surrounding your case.
Winning an Insurance Litigation Case
If you win your insurance litigation case, you can almost always expect to receive monetary compensation.
The compensation received will be for things like:
- Property damage
- Medical bills
- Lost wages
- Pain and suffering
The settlement money is also how your attorney, if you hired one, would get paid. Most litigation attorneys work on a contingency fee basis, which means you do not pay out-of-pocket for their services, you pay them with your settlement money, only if you win the case.
For more information, contact a local insurance litigation firm, such as Berg Plummer Johnson & Raval, LLP, to learn more.