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When To Hire A Lawyer For An Insurance Claim

by John Doe
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 Lawyer Regarding An Insurance Claim

Do you need to contact an attorney to talk about your insurance claim? The majority of small-scale claims resolve without issue. However, in situations where there’s more at stake for the insurer, there is likely a dispute. It could be:


  • Claims in which you and the adjuster for insurance don’t reach a consensus at the beginning
  • Complex claims or costly claims
  • Big claims, like home damage following an incident with fire, major flooding, or a tornado
  • Claims where the fault is difficult to prove


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If you’re dealing with some of these issues, you’re likely to require legal assistance. “If you suspect that you may be the victim of an insurance scam, it’s always advisable to speak with an attorney before speaking with an insurance agent,” says Allen Patatanyan, the co-founder and president of West Coast Trial Lawyers in Los Angeles. “Consulting to a legal professional regarding an insurance claim is likely to be completely free, and there’s nothing wrong with getting some legal advice before moving ahead.”

He states that a consultation with a seasoned lawyer before calling your insurance company to file claims can help not harm your case if you speak with knowledgeable insurance agents before you make claims. “Remember that,” he adds. “Insurance businesses are all about earning profits by finding excuses or reasons to deny claims and delay paying your insurance benefits. This begins with your first phone call to start an insurance claim.” Some say that you should consult a lawyer only when you have a significant dollar value in a complex case.


“If your claim isn’t an easy one and could be a matter of the interpretation of the policy, it’s sometimes recommended to speak with an attorney,” advises Pamella Seay, who is a professor of the field of justice on the faculty of Florida Gulf Coast University. “Some lawyers might offer a report for you to get some guidance regarding what you can do on your own. However, they will rarely. If the claim is largely hiring an attorney for an evaluation, a letter might be a reasonable option. In other cases, the cost of an attorney could exceed the amount of the amount claimed.” (A insurance lawyer’s letter is a demand sent by an attorney and is a potential prelude to legal actions.)


The insurance industry even recommends using a lawyer — up to a certain extent.

The Insurance Information Institute, an industry-funded trade organization, explained how the claim process is carried out. One tip for troubleshooting the list of claims that are difficult to resolve can be “consult with an attorney.” Still, it’s also easy to note to the American Bar Association notes “many legal issues can be resolved by the consumer by themselves, without the help of an attorney.”

Another method for handling the case of a considerable claim is to hire an insurance adjuster from the public sector. For instance, after considerable damage to your home, public adjusters will assist you to finish the paperwork in time, meet deadlines and act as help you.


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Does a lawyer help you after Your Insurance Claim is denied?

If you’re forced to ask this question, it could be way too late, says Brian Page, an associate attorney at Stewart J. Guss, the law firm that specializes in injuries accidents. “If the insurance provider rejects your claim, likely, they will not alter their mind unless new evidence is provided,” he says. “This is why I typically recommend consulting with an attorney before the deadline to ensure you have the best chance of getting your claim approved at the beginning.”

Suppose you’ve been denied a claim; the assistance of an attorney is possible. An experienced lawyer will look at the claim from every angle and determine if there’s any chance to convince your insurance carrier to reconsider its decision. “Insurance companies aren’t unwilling to deny claims with questionable reasoning since the claimant who is not represented has no possibility of seeking an appeal in the court. However, insurance companies are much more likely to deny a legitimate claim when an attorney is in the process,” he says.


Refusing a denial isn’t just something that requires filling out some forms or writing an attorney email to your insurance provider. “Often this process involves the exchange of information, referred to as discovery deadlines for legal filing or settlement negotiations, and likely the filing of a lawsuit,” states Stephen Riebling of Riebling & Payton, an attorney firm that is located in New York State specializing in criminal defense.

insurance claim

Does hiring a lawyer increase your chances of success?

“Hiring an attorney increases your chances to be successful,” claims Sally Morin, who is a personal injury lawyer in California. Why? A knowledgeable attorney will ask you a set of questions to analyze the claim to decide if it’s worth the effort. If you’re in the middle of a dispute that requires legal assistance, an attorney will utilize their knowledge to move your case. “Insurance companies employ a variety of strategies with individuals who do not have lawyers,” she explains.


“If they are aware that there’s an actual claim, they’ll make an initial low-ball offer hoping that you will accept the offer and then run. If they are aware that it will require an effort to establish the claim, they’ll deny it and pray that you quit. But, of course, most people are going to quit. So that’s the thing insurance companies rely on.”


This is why having an attorney helps you increase your odds?

Ryan Babcock, an attorney at The Babcock Law Firm, a law firm specializing in personal injury located in Georgia Lawyers, can be necessary to overturn the practices of insurance companies when managing claims. “They can delay, deny or deflect legitimate claims of ordinary citizens instead of adjusting such claims quickly and fairly and efficiently, as they ought to do,” he explains. “Many instances are far too difficult to tackle on your own, so hiring an attorney is the most effective method to deal with the issue.”


Do you think a lawyer is worth it?

Sometimes, attorneys will accept the insurance claim on contingency. This means that you pay nothing until the lawyer successfully wins the case. The typical attorney’s fees are 30% of the total amount if the case is settled before an action is filed and 40% when litigation starts.

If you have a less complicated case, there is a possibility to successfully file an appeal or claim using an attorney letter that may cost as little as hundreds of dollars. Tina Willis, a personal injury insurance lawyer from Orlando, Florida, says the process of determining the value for an attorney can be arance straightforward numbers game. Most insurance companies will agree to settle a claim, but without being specific regarding the amount of settlement. It’s often the million-dollar issue.

“Because they can accept liability but still pay $10,000 for a claim that is worth hundreds of thousands or even several million dollars in the extreme,” she says. “Insurance adjusters are trained to utilize tactics to decrease the value of claims when they pay. These include asking innocent questions to collect information that can hurt the claimant’s case, or even closing the claim after all medical expenses, as well as required medical treatments, or wages or suffering, are ever known.”


However, in November, the lawyer who dealt with the claim for water damage claims that the most critical factor isn’t deciding whether to engage an attorney but the best time to hire one before it’s too late. “Hire an attorney before the time an insurance provider makes an official decision,” he says. “That is because once the mandatory appeal procedure is complete and the final review option is filing a lawsuit with the federal courts.” Absent an exception, the federal court’s review is restricted to the claim file created by the administrative appeals procedure. This means that you cannot make any changes to the evidence.


Do you need to employ a lawyer if you are denied your claim?

You shouldn’t, but you should employ one before your claim is rejected and at least before you file an appeal. Lawyers will get a large percentage of your settlement or award. But getting something is more important than nothing.

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