If Your Insurance Denies a Claim Can You Get an Attorney?
When an insurance company denies payment on a claim, it can be a particularly frustrating experience because you do not have the money to pay for the associated costs. If this happens to you, you do not have to simply take the decision and move on. You have the right to appeal the claim and to hire a lawyer to help with the process.
Statute of Limitations
If you are thinking about hiring a lawyer to help you fight a denied insurance claim, you need to make sure that you are within the statute of limitations to do so. Each state has laws regarding when you can appeal a denied insurance claim. If you plan on appealing the claim directly to the insurance company, you have to do so within 60 days. If you want to sue the insurance company, the statute of limitations varies by state laws. You have at least one year to do so.
Expert Testimony
If you plan on suing the insurance company for your denied insurance claim, you need to make sure that you have someone who is an expert at understanding insurance policies to help you. A lawyer can typically translate the policy and find an insurance expert to testify in this manner. The expert needs to be able to show that the claim is legitimate and that the insurance company misinterpreted the information.
Grounds for Lawsuit
If you have appealed the decision of the insurance company and the appeal was denied, you can then move forward with a lawsuit if you wish. You can sue based on a breach of contract or based on bad faith by the insurance company. If the company simply made a mistake and violated the contract, this is a breach of contract. If you can prove that the insurance company is trying to take advantage of you, this is considered acting in bad faith.
Costs
The process of suing an insurance company for a claim that was not paid does involve some costs. Your lawyer will have to do a great deal of work to win the case. You will have to pay the lawyer legal fees for this work. In most cases, lawyers charge a percentage of the final settlement, so you will not have to come up with money out of pocket if you win. The lawyer will want to evaluate the facts in the case to determine if you have a shot at winning the lawsuit.
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