Do you have a bad faith insurance claim? If your insurance company doesn’t make a reasonable offer of settlement and pursues a bad faith defense, you may be entitled to compensation from the insurer. This article will explore how hiring an attorney can help with these claims.
What Exactly Are Bad Faith Claims?
The first thing you’ll want to do is recognize a bad faith claim. In order to win a lawsuit against an insurer under California law, you must prove that the insurer acted in bad faith and willfully avoided fulfilling their obligations under the policy. So what exactly does that mean?
A bad faith insurance claim is when an insurer uses unfair or deceitful methods in denying your claim. As experienced attorneys from Kerley Schaffer explain, if they delay payment of benefits to you, deny coverage for seemingly valid reasons, or make low offers of settlement without explanation, they might be engaging in bad faith behavior. The company’s wrongful, intentional or reckless actions cause you damages and may give you the right to sue the company for those damages. You can and should file a lawsuit against them for damages.
What Are The Risks Of Self-Representation?
Hiring an attorney to represent you in a bad faith insurance claim is recommended if you expect the case to go to trial. However, there are risks involved when engaging your own counsel. The biggest risk is that you will spend more time and money than it’s worth. An insurance company will often offer a settlement just before the case goes to trial. An attorney may not be able to get you a better settlement than he could have if he were representing you, and you still would need to pay him for his work.
Another risk is that your case might not make it to court. If your attorney fails to file certain documents or misses time, the court might dismiss your case entirely. The possibility of dropped charges or failure should be enough reason for anyone, even those with a limited budget, to seek out legal advice instead of trying to file such claims on their own.
What Should I Do If My Insurance Company Appears To Be Acting In Bad Faith?
If you feel that your insurance company is acting in bad faith, the best thing to do is find an attorney who specializes in this area of law. You can also contact a Better Business Bureau or trust rating service for help finding a qualified attorney. It’s crucial to have all the facts before going forward with your claim, so gather as much documentation as possible and know your rights if you believe you’re entitled to a bad faith claim. Your first step should be speaking with an experienced insurance lawyer.
Do I Have To Pay For Legal Services?
It’s a sad but true fact that many people cannot afford to hire a lawyer. As a result, the vast majority of initial claims are filed without representation. However, if you want to file a lawsuit against an insurance company for bad faith practices, hiring an attorney is strongly recommended by those in the industry because almost all cases end up going to trial. Trial lawyers receive large fees as part of their contingency agreements with clients. In most cases, these fees come from the settlement won at trial and not out of the client’s pocket. Being represented by counsel means you have someone on your side during negotiations and can help ensure things don’t get too heated and keep costs down so you can end up with a favorable settlement.
If you don’t want to pay for attorney’s fees, you could file a pro se (representing yourself). You would do this if your claim is relatively small and not complex. If you’d like to represent yourself pro se, it’s recommended that you make sure you understand all procedural requirements like deadlines and court appearances so that you don’t delay the process or lose out on any of your rights as an injured party.
What To Look For In A Bad Faith Insurance Attorney
When choosing an attorney, make sure to look for someone with experience in this area of law who has gone up against the insurer before. It should also be someone you are comfortable working with, as it can be very helpful if they have some understanding of your situation or even know you personally. Also, taking your budget into consideration is important when searching for an attorney.
Choosing between hiring a lawyer and filing a suit yourself might seem like a difficult decision to make, but given the risks involved in self-representation, it’s usually best to hire someone experienced in handling bad faith insurance claims.
If you or someone close to you has been in an accident, it’s crucial that you understand your rights and the possible ways forward. The blog post outlined how hiring a lawyer is recommended for most cases because of the risks involved with self-representation. It also explained what to look for when choosing an attorney who specializes in this area of law so that they are knowledgeable about your situation and can help protect your interests while working within your budget.
