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Filing A Lawsuit Against Your Private/ID Insurance Company To Get The Disability Benefits You Deserve

CaveyLaw.com > Practice Areas  > Long Term Disability & ERISA Lawyer  > Long Term Disability Delayed or Denied Process > Filing A Lawsuit Against Your Private/ID Insurance Company To Get The Disability Benefits You Deserve

Disability insurance companies don’t always the disability benefits they promised to pay when you bought your policy. They will rob you of your financial security and peace of mind. The only way to make them pay your benefits is to file a lawsuit demanding they pay up!

Your policy and state law will govern the deadline for filing a lawsuit. If you don’t timely file your lawsuit, the judge may dismiss your case on the basis that the Statute of Limitations (SOL) has run. The general rule is that if your appeal has been denied, you should immediately hire an experienced disability attorney.

There can be multiple claims in the lawsuit, which is called a Complaint:

  1. Breach of contract,
  2. Breach of duty of good faith and fair dealing, as allowed by applicable law,
  3. Fraud or negligent misrepresentation,
  4. Intentional infliction of emotional distress, or a
  5. Request that policy terms be clarified by the court.

The insurance company will hire a defense attorney to represent them who will file an Answer to the Complaint and raise any Affirmative Defenses or Counter-claims.

The court will set a Case Management conference which will result in an agreement when certain events, including discovery, mediation and trial will take place in your case.

Many times the defense attorney will take your deposition and that of your physician’s. Attorney Cavey will take the deposition of the person who made the decision to deny your claim and any of the insurance company physicians. She knows just what to ask to expose all the weaknesses in the carrier’s denial!

Submitting A Demand Letter And Mediation Of Your Case

Insurance companies very often deny a claim because they know it is risky for both parties to go to trial. It is a backhanded way to trying to buy-out your policy for a one time lump sum payment of benefits.

Rarely, do carriers negotiate while an appeal is pending. However, it isn’t uncommon to open lines of settlement communication before filing a lawsuit. Once a lawsuit is filed many courts require that the policy holder and the insurance company sit down with a mediator helps the parties reach, if possible, a buy-out or settlement of your lawsuit.

Nancy will prepare a comprehensive analysis of the value of your past and future disability benefits, educate you about the settlement process and aggressively negotiate on your behalf to reach a settlement that is right for you in view of the facts of your case.

If your case doesn’t resolve, Nancy L. Cavey is prepared to try your case either in front of a judge or a jury.

What You Should Do While The Lawsuit is Pending

It can take a year of more to get to trial in a private/ID case. During that time you should keep getting medical treatment to prove your continuing disability, tells us about any changes in your life and listen to our advice.

We know it is hard to be patient and you might be tempted to call the insurance company in an effort to get some answers. Don’t! It will compromise and hurt your case. Attorney Cavey recommends also that you don’t talk about your case with friends or the public.

Don’t post anything on the internet. Trash talking the carrier or posting that you are going to take a cruise after your case is settled will bite you.

Attorney Fees and Filing A Lawsuit

There is no doubt that disability claims are complex and hotly litigated. However, Nancy L. Cavey doesn’t lose sight of the fact that your financial future is at stake. Her father became disabled when she was a teenager and she has lived through the financial uncertainty.

She doesn’t charge an attorney’s fee unless she gets your disability benefits. It is a simple as that!

It’s the right time to call Nancy! She can help you get the disability benefits you paid for regardless of where you live in the United States.

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