When an insurance company fails to uphold its end of a contract, litigation may be the only way to solve these legal issues. Insurance litigation lawyers can help you understand your rights and options when this happens. Understanding the importance of litigation and how to protect your rights is essential, and this article will help you learn more about it.
When an insurance company fails to uphold its end of a contract, it can cause many issues. When you sign up for home insurance, for example, you agree with the insurer that states they will pay out when your home is damaged by a covered event. If they fail to do so–or if they delay payment–you may be able to sue them for breach of contract.
Similarly, if your car is damaged in an accident and you submit a claim through your auto insurance policy but then don’t receive a payment or they refuse to adjust the loss with the body shop, then the company has breached its end of the bargain by failing to pay out on time (or at all). In this case, too, there could be grounds for suing them in court over this breach.
What is Insurance Litigation?
Insurance litigation involves disputes between insurance companies and policyholders, such as insurance coverage issues or the scope and price of the property damage. Most insurance claims aim to reach a settlement agreement with your insurer to resolve your case without going to court. However, sometimes this doesn’t happen, and you’ll be forced into litigation for justice to be served. When this happens, you must hire an experienced attorney who will fight hard on behalf of clients like yourself who their insurers have wronged.
Who Needs Insurance Litigation Lawyers?
Suppose you have been wronged by your insurance company and are considering filing a lawsuit against the insurance company. In that case, it is essential to know that several factors can affect the outcome of your case, and one of those factors is whether or not you have competent legal representation.
It is also essential for people who do not have legal representation but are interested in pursuing litigation against an insurance company because they need an honest opinion and advice as to the merits and value of their claim..
The Role of the Court System in Insurance Litigation
In a legal context, insurance litigation refers to disputes between an insured and an insurer over the interpretation or enforcement of an insurance policy, the scope, and value of the damages, or both. The court system’s role in this process is to determine whether insurers’ actions are consistent with their contractual obligations under state and federal law.
The judge presiding over your case has several functions: they will rule on discovery issues, whether a claim has been asserted, can enter summary judgment if there are no facts in dispute, and are in charge of the Court Room and decide if the evidence presented by the parties maybe admitted into trial or not.
At trial, a jury consisting of 6 individuals will listen to the testimony and review the evidence. The jury will then deliberate after receiving the jury instructions and render a verdict. The jury serves as a fact finder for the Court and can believe or disbelieve witness and determine their credibility.
From the time the complaint is filed, a case may take 6 months to several years to get resolved by jury trial. The Courts aim to have all matters resolved by trial within 18 month.
Why It Matters to Find Competent Counsel
Finding an attorney who handles insurance claims regularly is essential. The attorney needs to be experienced in pushing insurance claims, as insurers and their counsel routinely try to delay the case as much as possible. Your attorney needs to have experience with jury trials so that he can analyze the strengths of your case and present it best to a jury and the adjuster who decides on settlement value before trial. You might need to contact an insurance litigation attorney for many reasons, such as:
- if your claim has not been paid, for example, or if it has been paid, you feel the amount was less than what it should have been.
- if the insurance company is trying to avoid paying out on your claim and instead wants to settle with a lower amount than what is owed, then this is also something for which an attorney would be helpful.
The Coquina Law Group Difference
Coquina Law Group is a local, independent law firm with a proven track record of success. We help clients resolve their insurance disputes and ensure they receive the compensation they deserve.
We are committed to providing personalized service beyond what you expect from a more prominent firm. Our attorneys have many years of combined experience helping clients get the compensation they need for medical bills, lost wages, and other damages caused by negligence or wrongdoing on the part of an insurance company or another party insured by an insurance policyholder’s plan provider.
Contact our office today to schedule a consultation and get the compensation you deserve!