How Can a Lawyer Help with Your Insurance Claim?

Submitting an insurance claim can be cumbersome and, at times, irritating. In particular, this seems true when the insurer has delayed or denied your claim request. Whether you are dealing with auto insurance, homeowner’s insurance, health insurance, or life insurance claims, a lawyer can be your voice and advocate. Here are ways a lawyer can help you.

Assessing the Viability of Your Claim

A lawyer starts by checking your insurance policy and the details of your case to determine the viability of your claim. They look at the coverage, exclusions, and fine print to see what you are entitled to get paid. This can prevent you from wasting time on an unsupported claim or not realizing what you could recover. This evaluation is done early, thus avoiding wasting time and effort on an invalid claim or underestimating what you may be entitled to recover.

With this picture of your chance of success, lawyers will provide you with the information you need to make informed decisions. This is especially helpful when complicated policy terms or multiple parties are involved. 

Having a Pillsbury and Coleman lawyer’s experience assures you that you are moving forward with the process in an intellectually confident way and that you understand your rights from the very beginning. This alone will prevent you from making classic errors that most policyholders make when unaware of all the legal terminology or procedural matters that require consideration.

Collect and Organize Evidence

An attorney will guide you in developing and formatting evidence to support your claim. Evidence may include, but is not limited to, photographs, videos, police reports, medical documentation, expert testimony from medical professionals, repair estimates, etc. An attorney knows what types of evidence adjusters and insurance companies are looking for and how to present it to get the most significant potential impact.

An attorney will also use experts like medical professionals and damages assessors to add another level of credibility to your claim. They will put this all together methodically so nothing gets overlooked and will develop and document every aspect of your claimed loss. Documentation shortens the process and makes you more likely to receive a full and fair settlement from the additional documentation of your loss.

Identify and Combat Bad Faith Practices

On occasion, some insurers act in “bad faith”. They may deny legitimate claims, delay processing times, or provide settlement offers for extremely low amounts. A lawyer will recognize these bad faith practices and could hold the insurance company responsible. The lawyer will often notify the insurer, document the insurer’s misbehavior, and use state insurance statutes to challenge the conduct and consider the possibility of filing a bad-faith lawsuit.

These legal techniques could not only hold the insurer responsible but could result in an award for punitive damages or higher than your original claim. Policyholders often don’t know they are being poorly treated, or they don’t know how to prove it. The lawyer puts the policyholder on equal ground with the insurer because it pressures them to fulfill their obligations and responsibilities instead of just working for profit on the back of the insured.

Determine the Full Value of Your Claim

Many people are unaware of or truly underestimate the complete value of their losses, particularly about future medical expenses, emotional or physical distress, and long-term property values. A lawyer has the experience to calculate what your claim is worth accurately, and we mean not only the tangible costs but also the hidden or future losses. A lawyer will work with an actuary, contractor, or medical expert to calculate all damages. 

Conducting a full valuation of your losses helps you avoid making a lowball offer when all other costs are factored in. If you are not sure what you are entitled to and your loss isn’t assessed thoroughly, you may settle for much too little. The lawyer will ensure you are asking for and obtaining every dollar you are entitled to under your insurance policy and the law.

Deal with Denied Claims

With a valid claim that is denied, you are entitled to challenge it. An attorney will review the insurance denial letter and determine whether there is any valid basis, prepare a letter in response with supporting documents, etc., and help you challenge the denial.

There usually is a technicality and/or missing documentation as the basis of the denial. The attorney will know how to fix these problems by putting together additional documents and representations to fix the insurance policy’s authoritative restrictions and misrepresentations. 

If there are still problems, the attorney may have you file an appeal or a complaint to a regulatory organization and give you the facts and basis to file a lawsuit in severe cases. The attorney will understand the appeal process and legal language, making every part of the appeal process more effective than doing it alone.

Settle a Fair Settlement

Insurance companies are for-profit businesses that will usually offer minimal settlements. A lawyer will negotiate unfair offers on your behalf. A lawyer uses evidence, legal knowledge, and precedent to demand fair compensation. A lawyer knows how to negotiate “back and forth” successfully and won’t be intimidated by a legal team representing the insurance company.

When lawyers are involved, the insurance company is more likely to make a serious offer quickly, knowing that you have a plan B if you decide to litigate the claim. A lawyer will also ensure you are not coerced into a settlement offer that is less than what you are entitled to. Having a legal strategy will help you achieve better financial results and mental peace, especially with large claims or emotionally driven claims, such as injuries or loss of a home.

Represent You at Mediation or Arbitration

Some disputes over insurance claims may not go to litigation but may go to mediation or arbitration. Mediation and arbitration aim to resolve the issues with the insurer out of court. A lawyer will represent your interests, help you present your case, and help you understand alternative dispute resolution rules (ADR). The difference between litigation mediation and arbitration is significant, and there are many rules and strategic adjustments to make. 

A lawyer who knows how to present your arguments can make an enormous difference in the outcome of your case. Your lawyer can help you at every step, whether making opening statements, setting forth the evidence you want to present, or working through a private negotiation session with the insurer. A lawyer will be able to ensure that your voice is heard. If a settlement is reached, your lawyer will help you determine if that settlement is fair or whether you should take another action.

Give Yourself Peace of Mind

Hiring a lawyer helps to alleviate a stressful situation. Suppose you have been the victim of an accident or a home disaster, or you are recovering from a significant health circumstance. In that case, you do not need the extra burden of fighting an insurance company alone. Lawyers deal with deadlines, incidence paperwork, negotiations, and to what extent you can go legally about their paperwork, allowing you the time to concentrate on your recovery.

Lawyers also work to ensure your rights are protected. Knowing that a professional is fighting for you will alleviate stress and give you confidence that you are doing everything possible to obtain a fair and just outcome. That level of emotional support and legal strength can be just as valuable as the financial compensation you may receive.

Endnote

The claims process can be complex, and frequently, a lawyer can separate the valuable information from the time-wasters and appreciate what a liability may be set at, but without your consent, cannot comment. If you have professional legal support, you are significantly more likely to get the desired result without the hassle of conducting it all yourself.