A :
- You and the insurance company hire lawyers. Your goal is to hire a qualified lawyer, experienced in suing insurance companies. You should also make sure the lawyer has good references.
- Your lawyer and the lawyer for the insurance company will investigate facts and the history of the dispute through a process called “discovery”. Discovery involves exchanging documents and conducting “depositions”. A deposition is a formal fact-finding process, under oath, conducted by the insurance company’s lawyer.
- You and the insurance company spend money on court costs, experts, discovery and travel.
- At some point during the case, your lawyer will prepare you for a “deposition.” When you are a “deponent”, you swear to answer questions truthfully. Your lawyer should protect you from unfair questions during a deposition by making “objections.”
- If you do not settle, and your case goes to trial, you will be required to be a witness and testify in court.
- A lawsuit can take several years to resolve. You will have to be patient and wait for the outcome.
- You should be able to trust your lawyer to handle the case with occasional “check-ins” to keep you posted on the status.
- You most likely will have to participate in mediation/settlement discussions.
- You will have to weigh settlement offers and make decisions throughout the case.
q : I can ’ thymine afford a lawyer ; do I have any options ?
A : The contingent fee system allows you to hire a lawyer without paying out of pocket. The lawyer gets paid a share of the measure they recover for you from the insurance ship’s company. If there is no recovery, there is no tip. You can hire a lawyer on a contingent tip footing if the law in your state and the facts in your sheath make it possible .
q : What can I recover if I sue my insurance company and win ?
A : depend on the facts of your case, your policy, and the submit where you live, you may be able to recover :
- The full amount of your economic losses. This includes• Property damage
• Medical bills
• Loss of use of your home or car• Lost wages
• Lost interest/loss of opportunity - Attorney fees and costs of suit• For having to sue to recover insurance benefits owed
• For all your losses resulting from unpaid policy benefits - Non-economic losses• Emotional upset/anxiety/pain and suffering resulting from the insurance company’s conduct
- Exemplary/Punitive Damages/Penalties• Punishment under statutory or case law for the insurance company’s failure to pay benefits owed
q : What happens if I sue an policy company and lose ?
A : The answer depends on the laws in your express and the Attorney-Client fee agreement you ’ ve entered into with your lawyer. The general govern is that each party to a lawsuit pays his/her own legal fees, but sometimes the losing party pays sealed costs. Most contingent tip agreements protect the customer from owing money in the event of a loss .
q : How is a lawsuit against an insurance caller probable to be resolved ?
A : Over 90 % of all lawsuits end up settling before test. Most probably your lawsuit against an policy company will be settled through negotiations and/or mediation .