Experienced attorneys generally provide a free consultation for anyone who feels that they have been treated unfairly by an insurance company. In addition, if you are the policyholder or insured many states provide that the insurance company must pay your attorney fees and costs when you are successful in challenging improper conduct or an adverse decision. Because of this many attorneys will undertake representation without requiring that you pay fees or costs out of your pocket.

Even in cases that must be filed against a liability insurance company it is likely that a contingency fee would be accepted by an experienced attorney. This would mean that the attorney would accept a percentage of the amount recovered on your behalf. No fee would be charged in the event no recovery was accomplished.

Depending upon the particular claim that is being unfairly handled there are multiple goals that can be achieved by an experienced attorney on your behalf. These range from an order requiring payment of outstanding bills, an order mandating authorization for a medical test or treatment, an order declaring your rights or the meaning of policy terms, a judgment for money damages as compensation, and even the possibility of punitive damages.

There are procedures in most states for the reporting of unfair insurance practices to the Insurance Commissioner. This reporting serves a good purpose because it creates a database of unfair practices that can be accessed by you and other policyholders and claimants to determine whether the misconduct is repeated within the company. And, at some point, the evidence compiled by the Insurance Commissioner may result in some mandated changes within a company or fines.

On the other hand, the most complete and timely results for a particular person are usually achieved by the intervention of a private attorney (sometimes prodding the Insurance Commissioner). An experienced attorney knows what can be expected from the Insurance Commissioner and what needs to be done through the court system or administrative process.

Each state has statutes of limitations and regulatory or administrative time requirements that, if not observed, may forever bar action on your behalf to overcome an unfair practice or decision by an insurance company. Sometimes these can be extremely short, such as a 60 appeal requirement.

Please complete our “Free Case Evaluation Form” from the menu above or call The Sherris Law Firm at (407) 999-9955 to learn about your legal rights.