Q: Can I sue my insurer for emotional distress resulting from the bad faith handling of my claim?

A: In general, yes, in many instances, an insurance company’s unreasonable denial or delay of a valid claim can result in life-altering misfortunes, such as repossession of property, refusal of needed medical care, foreclosure of a business, etc.  These events naturally can have substantial emotional and/or physical repercussions, and those who suffer them are often compensated when bad faith is substantial.

Q: What are punitive damages? How does one collect them?

A:  In addition to awarding a plaintiff actual damages and damages for emotional distress and/or physical injury, the court may assess punitive damages against an insurance company to serve as a punishment and deter malice, fraud or oppression.

Q: How does Equitas Disability Advocates decide which cases to handle?

A: Our Intake Department is staffed by new case analysts who personally talk with each and every person who contacts our firm.  These analysts record the details of the scenarios they hear and present them during our weekly conferences.  During these conferences, our attorneys & professionals discuss the merits of each case.  If a case is deemed to have sufficient merit, it is accepted, and a retainer agreement is signed with the client.

Q: What happens if my case is not accepted by Equitas Disability Advocates?

A: Although we wish we could handle every case that comes our way, the high volume of possible cases makes this a logistic impossibility.  In many instances, our Intake Department may immediately refer a client to another qualified law firm, if we are unable to help you, we try our hardest to find a firm that can.

Q: Are there deadlines that can affect my taking legal action against my insurance company?

A: There is something called statute of limitations, which is the period of time in which it is permissible to file a law suit.  This can be a tricky area of the law, though, so a bad faith attorney should be consulted to determine the statute of limitations applicable to your matter.

Q: Do any insurance companies have particularly bad or good track records in handling policyholder claims?

A: It is impossible – and unfair – to generalize.  Personnel and management changes in insurance companies occur frequently and can result in an increase – or a decrease – in unfair claims handling practices.  No one carrier can be labeled the most notorious; likewise, probably no major insurance company has been immune from legitimate bad faith litigation.

Q: If I am currently on claim how do I protect my benefits?

A: Bring your list of restrictions and limitations to your treating physician at your regular visits. List your physical problems, from severity of pain to depression, medication side effects, even sleeping difficulties.

Q: If my claim is delayed and denied, what are the next steps? What do I do?

A: Don't ever give up!  Disability insurers depend on claimants running out of gas and giving up.  Get free advice and counsel early so you understand what your carrier is doing and prepare for the worst.