It is the expectation of every person with insurance to have their insurance company pay for the bills and other costs arising from the exact occurrence that their agreement was designed to protect. However, not all insurance companies remain faithful to the agreement. Occasionally, those insurance companies improperly refuse to pay or delay their payment, which allows the insured to file a bad faith insurance claim. Finances can be tough in the immediate aftermath of an accident, and the prolonged delays in paying your claim may have be detrimental to your livelihood. If you are such a victim, you should seek legal assistance from our committed Texas bad faith insurance lawyers to get the justice you deserve. As you have paid your insurance premiums, the insurance company is obligated to fulfill their end of the bargain..
Insurance policies not only cover the insured, but also sometimes provide a means through which third parties may receive compensation. A typical example is that of liability insurance for a motor vehicle accident. In case of such an accident, other parties, apart from the insured, can be claimants to compensation from the insurance company. However, this is not always the case and depends on the particular insurance policy.
Insurance companies often make profits by reducing the amount of money paid out, and they sometimes pay nothing at all. When this happens, they may jeopardize the normal running of the victim’s lives, and the inability to offset bills arising from medical treatments or property damage may leave the victim’s well-being at stake. This inability to offer compensation to valid claims is referred to as bad faith, and to successfully file a lawsuit against such an insurer, you may require the services of experienced Texas bad faith insurance lawyer.
My Insurer Denied My Claim, Do I Have Any Rights?
Yes. If your insurance company refuses or fails to adhere to your policy agreements, you have an absolute right to file a civil lawsuit for damages incurred. There are many bases that you can file a bad faith lawsuit on, but the primary ones are:
Though not common, a tort is simply a civil action where a person causes harm (physical, financial, or otherwise) to another through their intentional, reckless, or negligent actions. In most jurisdictions, your insurer’s failure to honor your agreement will be treated as tort. This can be due to the harm they expose you to such as having to pay for medical bills, property damage, or even a wrongful death. For the tort action of Bad Faith, you may be entitled to three times the original damages. To expound more on the liability of your insurer in this case, you should schedule a consultation with our Texas bad faith insurance lawyer.
Breach of Contract
When paying insurance premiums, you do so knowing that in the event of a claim, you will get what you rightfully deserve. But when your insurer evades your claim when it’s their turn to honor their obligation, you can also sue them for a breach of contract. A breach of contract action is a lower bar to prove in Texas, and at the same time, provides less in damages. You will be forcing the insurer to pay exactly what is owed under the contract, but nothing more for your frustration. These legal actions are often included with your Bad Faith tort claim in case a judge or jury finds that the insurer owes the insured money as per the contract, but their culpability did not rise to the level of a Bad Faith tort claim.
What Will I Recover in a Bad Faith Insurance Lawsuit?
What you are bound to receive in a bad faith insurance case depends on the area of jurisdiction your insurer operates. However, the baseline is that you are entitled to both economic and non-economic damages that you may have incurred from the breach of contract or tort. The economic damages revolve around the specific benefits outlined in your insurance policy. On the other hand, non-economic damages basically include emotional and financial stress.
In some cases, the jury will also award punitive damages to punish the insurance company and dissuade them from repeating the same offense in the future. This may be through compelling them to foot court costs, attorneys fees, or any other financial implications that were imposed upon the bad faith insurance victims. When you are awarded such compensation, you will be able to clear any pending bills with your legal team.
Why Should I Hire a Texas Bad Faith Insurance Lawyer?
Not all bad faith attorneys have your interests at heart. In most cases, you will come across lawyers who may encourage you to quickly settle the case for a low amount. Should this be the case, your interests in the pursuit of justice will be at stake. However, a good Texas Bad Faith Insurance Lawyer’s major concern will be for you to get the justice you seek, whether that means settlement or trial. In some cases, attorneys work in a contingency basis, meaning that you will only pay your attorney once your case is won, and you will pay nothing if your claim is not successful. If you suspect that your insurer is acting in bad faith, call our offices today for a free consultation.