Disability Insurance is an important means of protection against huge financial losses due to illness or injury. Whether you’re a professional, business owner or an employee, you pay into this disability protection every month in the event something happens to prevent you from making a living. Ironically, when you do become disabled, many insurance companies have a hard time making good on the claims, and all too often, deserving individuals are denied benefits.
Whether it is a percentage of income or a set amount, most disabled men and women will have to fight to get all the money they need and deserve. Cutting through the red tape can be time consuming and difficult. Contacting an experienced disability insurance claims lawyer can save you time, money and headaches and help alleviate unfair insurance practices. Bringing a law suit against insurance companies who deny rightful disability claims can be a necessary step in improving or maintaining quality of life for you and your family. The lawyers at David Share Associates will fight to get you the money you need when you need it.
If the insurance company does make you a monetary offer, and you suspect you may be entitled to a greater amount, it is always a good idea to have an experienced lawyer look over your policy.
When a disability claim is denied, the insurance company may be held
responsible for breach of contract or bad faith .
Breach of Contract
When a breach of contract suit is filed, the disabled plaintiff claims that the insurance company is not following through with contractual duties. Policyholders may collect benefits due plus incidental damages. In order to win a breach of contract claim, the disability lawyer must demonstrate to the court that his client is in fact disabled under the stipulations of the policy, and also that the insurance company wrongly denied benefits. Because the contract language can be elaborate and convoluted, it is important to have an experienced disability insurance litigator on your side.
Bad Faith
A bad faith claim against an insurance company states that the insurance company failed to “act in good faith” when evaluating the clients disability claim. By law, insurance companies must demonstrate good faith through fair and comprehensive attention and evaluation of each claim. A disabled client’s lawyer must prove to the court that the insurance company denied the benefits claim, or paid out an inadequate amount, for unfounded reasons. A bad faith lawsuit can result in payment of denied benefits, interest, damages and lawyer’s fees.
Infliction of Emotional Distress and Fraud
After a disability lawyer effectively shows the insurance company acted in bad faith, he or she may then make a claim that the client suffered emotional distress due to the insurance companies denial of the claim. With an emotional distress claim, a disabled policyholder may ask for punitive or exemplary damages above and beyond the disability award.
Statutes of Limitation
Your rights to fight against a denial of benefits may expire after a certain period of time. If you believe that an insurance company has wrongfully denied your disability insurance claim you should contact David Share Associates as soon as possible.
