Is an insurance company trying to get you to accept a lowball offer for your personal injury claim? If you are dealing with medical bills, lost wages, and emotional trauma from your accident, an insurance company can only add to your stress. Insurance companies are supposed to treat claims fairly. If the insurance company violates your rights or breaks the law, you may receive compensation for damages.
At Kenny Habetz Injury Law, we have extensive experience handling bad faith insurance claims. We are eager to help you and fight for the compensation you deserve. Our Lafayette bad faith insurance lawyers can give you the leverage you need to keep the insurance company from taking advantage of you.
Call our Lafayette, LA office for a free consultation today at (337) 399-9000.
How Our Lafayette Personal Injury Lawyers Can Help You With a Bad Faith Insurance Claim in Louisiana
Insurance companies downplay injuries and damages to undervalue claims in Lafayette, Louisiana. They try to avoid paying claims whenever possible. However, some companies cross a line between aggressively disputing claims and violating their obligation to act in good faith. The law holds insurance companies accountable when they use unfair and bad faith tactics.
At Kenny Habetz Injury Law, our legal team fights to get you the compensation you deserve when an insurance company acts in bad faith. When you hire us to handle your case, you can trust our Lafayette bad faith insurance attorneys will:
- Review the original insurance claim, including investigating the cause of the accident or injury
- Identify the ways that the insurance company acted in bad faith
- Gather evidence, including working with expert witnesses when necessary
- Determine how much your damages are worth
- Make a settlement demand to the insurance company
- File a lawsuit and take the case to court if the insurance company refuses to negotiate a fair settlement
Our law firm represents injured victims on a contingency fee basis. Therefore, you do not pay any upfront fee to hire our lawyers for a bad faith insurance claim. We are only paid when we win your case.
Our Lafayette bad faith insurance lawyer, Kenny Habetz, has over a decade of experience. Organizations, including the Multi-Million Dollar Advocates Forum, The National Trial Lawyers, Super Lawyers, and Expertise.com, recognize him for his legal expertise. With our experience and strong work ethic, we will help you fight back against the insurance company.
Call us today to schedule a free consultation with a Lafayette personal injury lawyer.
What Are Bad Faith Insurance Practices?
An insurance policy is a contract. You agree to pay the company premiums, and the insurance company agrees to provide insurance coverage according to the terms and conditions of the contract. The contract creates a legal obligation for the parties to act in good faith. The insurance company has a duty to process claims fairly and in good faith.
Good faith is essentially acting with honesty in fulfilling the insurance contract terms. Bad faith is fraud or dishonesty in a transaction. It can also mean untrustworthy performance of duties.
Recognizing bad faith insurance practices can be difficult. Some practices may be subtle. If an insurance company refuses to process your claim or denies your claim, it is always best to speak with an attorney immediately. An experienced lawyer can spot bad faith insurance practices and advise you of your rights.
What Does Louisiana Law Say About Bad Faith Insurance Practices?
Several laws govern insurance contracts. Louisiana law specifically addresses two types of bad faith.
Louisiana Revised Statute §22:1892 prevents insurance companies from withholding settlement checks for an unnecessarily long time after reaching an agreement with the claimant. They must pay the claim within a specific time after receiving satisfactory proof of the loss.
Louisiana Revised Statute §22:1973 requires insurance companies to process claims promptly and fairly. The company must make a reasonable effort to settle claims. It has a duty to act in good faith and fair dealings. The insured can sue the insurance company for damages if it breaches this duty.
Damages Available for a Bad Faith Insurance Claim in Lafayette, LA
When an insurer acts in bad faith, Louisiana bad faith statutes impose the greater of $1,000 or 50% of damages. This penalty is in addition to the settlement amount. This penalty can rise up to $5,000 or two times the damages if the insurance company refuses to issue a settlement check. Other damages available include:
- Economic damages caused by the insurance company’s bad faith, including lost wages and medical bills
- Non-economic damages, including emotional distress, pain, and suffering
The amount of the damages you receive depends on several factors. Generally, damages are based on the statute that will pay the highest amount. If you are unsure how much your bad faith insurance claim is worth, talk with our legal team. We can review your case to advise you of the damages you might receive if we prove
Examples of Bad Faith Insurance Practices in Lafayette, LA
Insurance adjusters investigate claims for the insurance company. They have the insurance company’s best interest as their top priority. Therefore, the adjusters search for ways to undervalue and deny claims. However, an adjuster may go too far when trying to protect the insurance company from liability. The insurance company might also instruct adjusters to act in bad faith to avoid paying claims.
There are many ways an insurance company may act in bad faith. Examples of bad faith include, but are not limited to:
- Failing to acknowledge a filed claim
- Altering the terms of the insurance contract after a claim is filed
- Denying a claim without a legally justifiable reason
- Failing to investigate a claim promptly and thoroughly
- Attempting to coerce or intimidate a claimant or insured
- Offering a settlement amount the company knows is significantly lower than the value of the claim
- Misleading or lying to a claimant during the claims process
- Failing to pay a claim within 30 days after signing a settlement agreement
- Misrepresenting the law or contract terms to a claimant or insured
- Discouraging a claimant or insured from seeking legal advice
An insurance company intentionally engages in bad faith practices to prevent a victim from receiving the benefits they are entitled to by law. Talk with a lawyer if you suspect an insurance company is acting in bad faith. The best way to know if you have a claim is to ask an experienced bad faith insurance attorney.
Can an Insurance Company Deny My Claim Without Committing Bad Faith?
Not all denials of claims are made in bad faith. An insurance company has a right to deny a claim. It may take action that is against the claimant’s interest. These actions do not automatically mean the company acted in bad faith. An insurance company may deny a claim for legal reasons.
For example, the insurance company may deny a claim when it legitimately determines the insured is not responsible for causing the claimant’s injuries and damages. Another reason for denying a claim would be if the policy lapsed or the policy does not cover the type of claim filed.
The insurance company should provide a written explanation of the denial. The denial of the claim is not the end of your case. If you have a claim, your attorney may advise you to file a lawsuit against the party who caused your injuries.
We Handle All Types of Bad Faith Insurance Claims in Lafayette, LA
At Kenny Habetz Injury Law, our legal team has extensive experience handling bad faith insurance claims. We can help you with bad faith insurance claims related to the following:
- Automobile insurance
- Workers’ compensation
- Life insurance
- Homeowner’s insurance
- Disability insurance
- Malpractice insurance
- Health insurance
You deserve to be compensated fairly, regardless of how you were injured. Our legal team can help you seek compensation for your original claim. If an insurance company engages in bad faith insurance practices, we will pursue that claim in addition to your original claim.
What Is the Deadline for Filing a Bad Faith Insurance Claim in Lafayette, LA?
You have a limited time to file a bad faith insurance lawsuit in Louisiana. The statute of limitations for these types of actions can be confusing. It is best to speak with an attorney as soon as possible. If you miss the deadline to file a lawsuit, you lose the right to pursue a legal claim. Call now to speak with an attorney.
Schedule a Free Consultation With Our Lafayette Bad Faith Insurance Lawyers
Has an insurance company treated you unfairly? If so, you may have a claim for bad faith insurance practices. Call Kenny Habetz Injury Law to schedule a free case review with a Lafayette bad faith insurance attorney. We are here for you when you need trusted legal advice and compassionate support.
