A bad faith insurance claim is a claim you assert against a dishonest insurance company that owes you compensation for your original personal injury claim. If you win, the insurance company may have to compensate you for your personal injury claim and additional damages for their own bad faith.
It’s difficult enough dealing with the aftermath of an accident that left you injured. It gets worse when you realize that the insurance company is playing games with you. In Brentwood, Tennessee, dealing with bad faith insurance claims can be a frustrating experience. At Labrum Law Firm Personal Injury Lawyers, we will stand with you as your dedicated Brentwood bad faith insurance lawyer. We will help you demand additional compensation from the insurance company.
We understand that facing an insurance company can be daunting, especially when you feel that they’re not upholding their end of the bargain. Our goal is to simplify this process by providing clear, understandable advice and forceful legal representation in Brentwood, TN. As your Brentwood bad faith insurance attorney, we protect your rights and ensure your voice is heard. Contact our law office at (615) 455-3384 to schedule a free consultation.
How a Bad Faith Insurance Lawyer Can Help After an Accident in Brentwood, Tennessee
When you’re up against an insurance company that’s not playing fair, you need a law firm that stands out for its commitment and expertise. If you hire Labrum Law Firm Personal Injury Lawyers, your fight will become our fight. We bring a personalized approach to each case. More than anything else, we stand up for people who’ve been wronged.
Our Brentwood bad faith insurance lawyer can help you in the following ways:
- Thoroughly assess the fair value of your insurance claim
- Advice you against mistakes that can damage your claim
- Investigate and gather evidence to support your bad faith claim
- Navigate complex insurance policies and explain legal jargon
- Challenge denials, delays, and underpayments by insurance companies
- Offer strategic advice tailored to the specifics of your situation
- File a lawsuit against the insurance company, if necessary
Your journey toward a fair resolution in Brentwood, TN begins with the right legal team. At Labrum Law Firm Personal Injury Lawyers, we’re committed to ensuring you get the justice and compensation you rightfully deserve. If you’re feeling overwhelmed, call us at (615) 685-8546 or reach out online to schedule a free consultation with our Brentwood personal injury attorney.
What Is a Bad Faith Insurance Claim?
A bad faith insurance claim arises when an insurance company owes you compensation but refuses to pay or respond without a good reason. Simply refusing your claim without more does not constitute bad faith. Even making an error does not by itself constitute bad faith. There is often some evidence of bad intentions. Delaying settlement in the hope that you will miss the statute of limitations deadline might constitute insurance bad faith, for example.
Remember that a bad faith insurance claim is a secondary claim, not an original claim. If you have a motorcycle accident claim, for example, the insurance company might deal with you in bad faith. If your claim is valid, you can recover compensation if the insurance company acted in bad faith.
What Are the Elements of a “Bad Faith Insurance” Claim in Tennessee?
To win a bad faith insurance claim, you must prove the following legal elements of the claim:
- You must have a valid claim against the insurance company.
- You must have filed a formal demand against the insurance company.
- The insurance company must either refuse to pay or fail to respond to your demand within 60 days
In order to recover compensation, the insurance company’s failure to respond to your demand must have been in bad faith.
What Kinds of Damages Are Available to Bad Faith Insurance Victims?
You might qualify for the following compensation:
:
- The amount of the underlying claim that the insurance company refused to pay.
- A penalty of up to 25% of the value of the underlying claim, including interest.
- Attorney’s fees.
- Punitive damages
An experienced bad faith insurance lawyer can help you determine the damages that might be available in your case.
How Much Does It Cost to Hire a Bad Faith Insurance Lawyer?
You can get a case consultation free of charge, and there are no upfront fees.
Bad faith insurance lawyers don’t charge by the billable hour. Instead, we take cases on a contingency fee basis—a percentage of the amount you win. If we do not win any compensation for you, then your total legal fee will be zero.
Can I Recover Compensation if I’m Being Blamed for a Bad Faith Insurance Claim in Tennessee?
You may be blamed for the underlying personal injury claim. If so, this can affect your ability to recover compensation. Tennessee is a modified comparative negligence state. If you were 50% or more at fault for the accident, your compensation will be zero.
If, on the other hand, you were partly at fault but your fault amounted to less than 50%, you will lose a proportionate percentage of your damages. This can reduce the insurance company’s 25% maximum bad faith claim damages.
What are Some Examples of “Good Faith” Claim Denials and Delays?
The following behavior by an insurance company does not necessarily constitute bad faith.
- Normal red tape: Insurance companies are typically large, bureaucratic organizations that take time to process claims.
- Legitimate disputes over the value of your claim: Frivolous or groundless disputes are bad faith, but legitimate disputes are not.
- Demands for evidence and documentation. It only becomes bad faith when it becomes excessive.
- Denial of your claim for good reason. An insurance company does not necessarily act in bad faith by denying your claim even if you disagree with the reason.
- Refusing your settlement offer. Countering with a low offer is routine. It can become bad faith if it continues indefinitely.
Ultimately, most of the time, it is a matter of judgment whether an insurance company is acting in bad faith. Different juries might see the same behavior differently. This is why insurance companies prefer to resolve claims at the settlement table, not in court. A skilled lawyer can help you resolve settlement disputes with the insurance company and recover the compensation you’re entitled to.
What Kinds of Insurance Policies Frequently Trigger Bad Faith Claims?
As you might suspect, just about any insurance company can bear liability for bad faith practices, including companies that offer the following forms of insurance:
- Business interruption insurance
- Car insurance
- Disability insurance
- Health insurance
- Homeowner’s insurance
- Life insurance
Personal injury claims frequently involve car insurance, health insurance, and homeowners’ insurance.
What Are Some Signs That My Insurance Company Is Acting in Bad Faith?
The following are some warning signs that you need to pay attention to:
- The insurance company tries to pressure you into a settlement
- The insurance company tries to settle without conducting a full investigation
- The adjuster refuses your claim without explanation
- The adjuster refuses to return your calls and emails
Hiring a lawyer is the best move you can make under circumstances where an insurance company seems to be acting in bad faith.
How Long Do I Have to File a Bad Faith Insurance Claim?
Bad faith insurance claims are a type of breach of contract claim. You generally have six years to file such claims. Remember that you only have one year to bring the underlying personal injury claim in Tennessee. You will be barred from recovering compensation if you fail to take legal action before the statute of limitations expires.
Hiring a Brentwood personal injury attorney immediately following a personal injury accident can help you avoid missing crucial deadlines and bad faith tactics.
Contact Our Brentwood Bad Faith Insurance Lawyer for a Free Consultation
Once you suffer an injury that you even suspect is someone else’s fault, you need to act quickly. Contact Labrum Law Firm Personal Injury Lawyers at (615) 455-3384 for a free consultation with our Brentwood bad faith insurance lawyer. We are here to help you navigate the personal injury claim process in Brentwood, TN.
