You believe that an insurance company has unreasonably denied your claim, is delaying payment on it, or has offered a lowball settlement. Any of these situations is incredibly difficult to face alone. Thankfully, you have access to legal help in the form of a Las Vegas bad faith insurance lawyer.
H&P Law is a courtroom-proven and client-praised Nevada law firm with a track record of success. We have recovered over $100 million in compensation for our clients. Trust a Las Vegas personal injury lawyer from our team to review your case. Depending on your circumstances, we can help you take legal action against your insurer. Contact us today.
Why File a Las Vegas Bad Faith Insurance Claim
Filing a bad faith insurance claim is an opportunity to hold an insurer accountable for their actions against you. A Las Vegas bad faith insurance attorney can evaluate the specifics of your situation. They can advise you on whether you have grounds for filing this type of claim and what the claims process will entail.
Remember, just because you file a personal injury claim in Nevada doesn’t guarantee that an insurance company is on your side. If an insurer does things that fall into the category of bad faith, you could have a case for filing a claim in which you seek compensation for your losses.
The team at H&P Law can provide insights into what to do if your insurance claim has been denied. Outside of this, if you want to proceed with a bad faith insurance claim, we’re here to help. To find out more, request a free case consultation.
Why an Insurance Company Will Dispute or Deny a Claim
You know what to do when you need to file a claim, but you still encounter problems after you go through the claims process. If your claim has been disputed or denied, keep in mind that legal help is available. Your bad faith insurance lawyer in Las Vegas can detail why an insurer may fight back against your claim. Below are common reasons for claim disputes and denials:
- Policy exclusions: Damage is not covered under a policy’s terms.
- Insufficient evidence: You didn’t provide enough evidence to justify an insurance payout.
- Missed reporting deadline: You didn’t file your claim in alignment with an insurer’s deadline.
- Policy lapses: An insurance policy wasn’t paid, and coverage expired before you filed your claim.
- Misrepresentation or fraud: An insurer alleges that you withheld information or falsified your claim.
Expect your attorney to explore many legal avenues to disprove an insurance company’s case against you. As part of your lawyer’s efforts, they will use your medical records, police reports, and other evidence to support your request for compensation. Plus, they can help you file a bad faith insurance claim and address any legal challenges along the way.
How to File a Bad Faith Insurance Claim
If you want to get the optimal results out of your bad faith insurance claim, it pays to have an attorney with a track record of success in cases similar to yours at your disposal. Your lawyer can walk you through the process of filing your claim, which consists of these steps:
- Collect evidence. Keep a log of communications between you and the insurance company and gather other evidence to support your claim.
- Review the insurance policy. Go over the terms of an insurance policy with your lawyer, since this can verify what losses it covers.
- File a formal complaint. Your attorney can help you file a complaint through the Nevada Division of Insurance (DOI).
After your complaint is submitted, the DOI may investigate the matter. If the Division determines that an insurer violated Nevada insurance laws, it can take regulatory action. Meanwhile, if you are seeking compensation for losses caused by bad faith, you may need to file a civil lawsuit against the insurer.
When to File a Bad Faith Insurance Lawsuit
The timeline in which you’re allowed to sue an insurance company due to bad faith varies based on the legal claim involved and the facts of your case. Your attorney can learn about your case and share FAQs and other resources regarding your eligibility for suing an insurer. If you are able to sue, your attorney can help you sue in alignment with the statute of limitations.
You generally have four years from the date of an insurer’s bad faith action to sue under the implied covenant of good faith and fair dealing. If you are filing a lawsuit in accordance with the Unfair Claims Settlement Practices Act outlined in Nevada Revised Statutes (NRS) 686A.310, you typically have three years to sue.
It’s important to note that many insurance policies have lawsuit limitation clauses shorter than the statutes of limitations defined by Nevada law. These clauses apply to breach of contract claims, but they often have no impact on bad faith lawsuits.
What Can Happen in a Bad Faith Lawsuit
Filing a lawsuit could drive insurance settlement negotiations. Leading up to your trial, the insurer will usually work with you and your attorney to come to terms on a settlement. If you get an offer, you can examine the proposal with your attorney before you decide on it.
Your attorney can calculate your compensatory damages and estimate your case’s value. They want you to recover economic and non-economic damages based on your tangible and intangible losses. If you don’t get a fair settlement, your lawyer can continue to negotiate. As they do, they can prepare your case as if it will reach trial.
In a trial, your lawyer can detail to a judge or jury how an insurance company acted in bad faith and should compensate you for your losses. They will also be ready to dispute any claims that this insurer makes against you.
Get Help from Our Attorneys
Let a bad faith insurance attorney in Las Vegas from H&P Law serve as your legal representative and advocate. In your bad faith insurance case, we want to stand up for you and protect your rights and best interests as you try to recover compensatory damages. For more information, schedule a free case consultation.
