Contact the Miami bad faith insurance lawyers at Shaked Law Personal Injury Lawyers if you suspect that your claim for insurance benefits has been wrongfully denied.
Our award-winning attorneys can help you fight to recover the benefits you deserve and seek damages for the extra costs and suffering you’ve experienced.
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How Shaked Law Personal Injury Lawyers Can Help If You’re the Victim of Bad Faith Insurance Practices in Miami
Sometimes insurance companies try to take advantage of accident victims in Miami, FL. After all, victims have little-to-no experience with insurance claims. Providers, on the other hand, are well-versed.
Since 2007, the respected trial attorneys at Shaked Law Personal Injury Lawyers have stood up to tough insurance companies in Florida and have earned top results for victims of bad faith practices. Hire our law firm and benefit from a team that’s won $100 Million (and counting) and puts more than 100+ years of experience behind every case.
Here’s what you can expect us to do when you turn to us for help with your bad faith insurance claim:
- A thorough review of the insurance claim you’ve submitted and how it’s been handled by the insurance carrier
- Prompt contact with the insurance company you suspect has engaged in bad faith practices
- Demands that your outstanding claim is paid in full immediately and without further delay or denial
- Negotiations to get you the best possible benefits package available under the policy’s limits
- Representation at arbitration hearings or trial
In addition to negotiating with the insurance company, our law firm can also file a bad-faith lawsuit against the carrier and seek additional compensation on your behalf. Get in touch with our respected staff to learn more. Your first consultation is free.
What is Bad Faith Insurance?
First, let’s take a step back and consider that the relationship between an injury victim and an insurance company is contractual.
The insurance company is paid a premium in exchange for covering the costs of an accident or injury.
So, the insurance company has a legal obligation to hold up its end of the contract when a legitimate claim for benefits is submitted.
Bad faith occurs when an insurance company intentionally avoids its responsibility to consider a claim in good faith.
How Do I Know If the Insurance Company Has Acted in Bad Faith?
Typically, bad faith involves things like poor communication, unnecessary delays, and unjustified denials.
Some examples of bad faith insurance practices include:
- Denying a claim without a legitimate reason or justification
- Not investigating a claim thoroughly (or refusing to investigate at all)
- Poor or non-existent communication about the claim with involved parties
- Delaying the claims process without a justifiable reason
- Advising claimants to not hire an attorney
- Pressuring claimants to accept a low offer or give up their rights
- Making threatening statements
- Refusing requests for information or documents
- Intentionally undervaluing a claim or offering less money than its worth
- Misstating or misrepresenting policy terms
- Changing policy terms after a claim is submitted
Bad faith practices can happen in both first-party and third-party claims. In other words, you might encounter bad faith practices with your own provider or when dealing with someone else’s insurance company after an accident.
Contact Shaked Law Personal Injury Lawyers to learn how our Miami bad faith insurance attorneys can help.
We Handle All Bad Faith Insurance Cases in Miami, Florida
No matter the basis of your initial claim for insurance benefits, Shaked Law Personal Injury Lawyers is here to help you make things right.
We represent clients who have experienced bad faith practices when dealing with:
- Car insurance companies
- Homeowners insurance companies
- Commercial insurance providers
- Medical malpractice insurance carriers
- Property insurance companies
- Health insurance companies
- Life insurance companies
- Boat insurance companies
- Aviation insurance companies
- Workers’ compensation insurance carriers
So, whether you’ve been hurt in a car accident in Miami or slipped and fell on someone else’s property, you can count on our law firm for help.
We’ll put more than a century of combined experience behind your bad faith insurance case and work tirelessly to get you the benefits and damages you rightfully deserve.
What Compensation is Available to Victims of Bad Faith Insurance in Miami?
Bad faith insurance practices can have devastating, widespread effects.
Fortunately, under Florida law, victims of bad faith practices can potentially seek recovery for four different types of compensation:
- Initial benefits sought under the claim
- Costs and expenses related to seeking payment of benefits after denial or delay
- Pain and suffering
- Punitive damages
Initial benefits: The primary purpose of a bad faith action is to get you the benefits you originally sought when you submitted your insurance claim. The goal is to make sure that you are awarded the full value of your personal injury case without further delay.
Costs of bad faith litigation: If an insurance company fails to act in good faith and forces you to hire a bad faith attorney in Miami, you shouldn’t have to pay for that representation. Our attorneys can seek damages to cover our attorney fees and related costs of litigation.
Pain and suffering: The fact that your claim has been denied or that an insurance company has made you wait for benefits can take its toll. If you’ve experienced any emotional distress or suffering as a result, our lawyers serving Miami can seek compensation for that.
Punitive damages: In some situations, punitive damages can be recovered on top of other compensation you’re awarded. There must be clear and convincing evidence that the insurance carrier acted maliciously or with a reckless disregard for your rights. Alternatively, evidence that the insurance company has a pattern of engaging in bad faith practices can also be a valid reason for awarding punitive damages.
Can Insurance Companies Ever Deny Claims?
Yes. Just because your case is delayed or your claim is denied doesn’t mean that the insurance carrier acted in bad faith.
There are times when an insurance company will be justified in doing things that might otherwise be a breach of contract.
For example, an insurance company could have the right to deny a claim if:
- The policy explicitly excludes the type of accident or injury involved
- The policy premiums haven’t been paid
- Coverage doesn’t extend to the person submitting the claim
- Liability is contested or unclear
Insurance companies can also delay claims if it needs time to investigate properly, gather evidence, consult with experts, or take other steps to ensure that it’s subject to an accurate assessment.
How Long Do I Have to File a Bad Faith Lawsuit in Florida?
In Florida, you have to give an insurance company 60 days to “cure” the bad faith practice before you take action and file a lawsuit.
If the insurance company doesn’t fix the problem, you’ll have five years to file a lawsuit and demand rightful compensation.
In truth, the procedural issues around bad faith lawsuits – including filing deadlines – can be complicated. The best way to get the results you deserve is by calling our experienced Miami personal injury attorneys for help as soon as you can. We can handle conversations with the insurance carrier, provide notice of our intent to file a bad faith lawsuit, and take care of every aspect of your case.
What Do I Have to Prove to Win a Bad Faith Action in Miami?
Unlike other types of personal injury cases, bad faith actions don’t involve negligence.
Instead, you have to prove:
- There was a valid insurance policy
- The claim submitted (and the claimant) was covered by the policy terms, and
- The insurance carrier failed to act in good faith when considering your claim.
You’ll need evidence that their actions were without justification or cause. In other words, you’ll have to prove that you were rightfully owed benefits, but the insurance company took steps to keep them from you.
Schedule a Free Consultation With an Experienced Miami Bad Faith Insurance Lawyer
Did an insurance company try to threaten you or pressure you into taking a lowball settlement offer after an auto accident in Miami? Has an insurance company made it next to impossible to discuss your case after you slipped and fell on a Miami sidewalk?
Contact Shaked Law Personal Injury Lawyers to discover how our Miami bad faith insurance lawyers may be able to help. Our award-winning law firm has helped Miami injury victims recover hundreds of millions of dollars in compensation. We put more than a century of collective experience behind every case.
Let us stand up to the insurance company and fight to make things right for you.
Your first case evaluation is entirely free. And there’s no risk in hiring our law firm since we work on contingency. No win, no fee. Guaranteed.
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