If you have faced injustice for long-term disability benefits denial (LTD) benefits, you might be thinking about taking action against your insurance company. Unfortunately, most insurers resort to unfair means and fail to pay the claims with or without any justifiable reason. A bad faith insurance claim can be filed in such cases, and you may get a long-term disability lawyer to help you take action against your long-term benefits insurance provider. This article will deal with the discussion of bad faith denial, your rights, and also what you can do if you want to sue your insurance company after having everything in place with the above discussions.
What Bad Faith Denial Is?
Insurance companies have the duty to act fairly when considering and deciding on their claims. A denial by the insurer is said to be in bad faith when:
- They act unreasonably in delaying or rejecting a valid claim.
- Investigate the claim inappropriately.
- Misinterpretation of policy terms to avoid payment of benefits.
- The use of deceptive tactics to avoid liability.
- Ignoring or disregarding medical evidence. If the insurer denies your claim in a manner that is considered unfair, you have the right to challenge such an act and sue if necessitated by the insurer's bad faith in dealing.
Indicators of Bad Faith Denial
It is important to know when an insurance company is acting in bad faith. Some of these common indications include:
- Unreasonable Delays: If your insurer continues to ask for irrelevant paperwork or wrongfully delays the review process, it may be an indication of bad faith.
- Silence: Ignoring you by not replying to your emails and calls or failing to provide any reason for the denial even is an indication that the insurer is not acting fairly.
- Not Properly Investigating: Some insurers deny claims without thoroughly reviewing medical records or consulting experts.
- Misrepresentation of Policy Language: The denial of a specific claim could be a partial misinterpretation of policy language on the part of your insurance provider.
- Biased Medical Expert Usage: If the insurance company insists that you see a doctor there who plays down your condition, that could be a tactic to avoid a premium or claim. If you have noticed one or more of the above tactics, consulting with a long-term disability lawyer should help clarify whether you have a case for bad faith.
Things to Do if Your Claim Is Denied in Bad Faith
You must act immediately if you believe your insurance company denied your claim in bad faith. The following are actions you'll want to take:
- Carefully Read Your Policy. Go over your LTD insurance policy so you are aware of what benefits you are entitled to and the reasons that have been brought forward by the insurer for denying your claim.
- Ask for a Written Explanation of Denial. The law states that insurance companies are required to provide a written explanation detailing the reason why you were denied.
- Gather Medical Evidence. Get any records and notes from doctors, as well as test results, that support your claim of disability.
- Document All Communications Keep a record of all correspondence with your insurance company, including emails, letters, and phone conversations.
- Appeal Most LTD policies will contain an avenue for appeal in the event of a denial; it is wise to undertake this step before pursuing legal action.
Can You Sue Your Insurance Company for Bad Faith?
You can go for a case against your insurance provider for their denial of a claim in bad faith. Bad faith that they do not adhere to their duty of good faith and fair dealing may cause you to present proof of more than the disability benefits.
A lawyer for long-term disability can help you file a case under the following heads:
- Contract Damages Benefits that your policy owes you.
- Emotional Distress Suffering suffered emotionally and mentally as a result of such wrongful denial.
- Punitive Damages: Added damages for punishing the insurance company for bad faith practice.
- Legal Fees The Court may require the insurer to cover your attorney's fees if they are found guilty of bad faith denial.
How a Long-Term Disability Lawyer Can Help
If you think your insurance company is behaving unfairly, a long-term disability lawyer may turn the tide.
Here's how they help you:
-Evaluating the case: A lawyer will review the terms of the policy and the denial letter for signs of bad faith.
-Gathering evidence: Medical records, policy documents, and expert opinions will be obtained to build up your case.
-Negotiating with the insurer: Oftentimes, the negotiation itself can put enough pressure on the insurance provider to allow the claim.
-Going to Court: Where negotiation fails, your lawyer will pursue your claim in Court for the fair compensation you deserve.
Conclusion
Insurance companies are expected to handle disability claims in a fair and honest manner, but bad-faith denials still occur far too often. If you believe your LTD claim was denied for no good reason, you have the right to sue them. Consult a long-term disability lawyer for help understanding your options, fighting for your benefits, and holding your insurer accountable. If you suspect any bad faith, don't hesitate anymore, and get your act together to protect your rights and financial future.