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Our insurance bad faith attorneys are familiar with state laws which mandate that insurance companies act in good faith with their clients and provide just and fair compensation if a policy holder files a legitimate claim. Any insurance company that fails to live up to this standard through a breach of contract, or by acting in bad faith (a denial of a claim without a justified reason) can be held liable in court. A bad faith case entitles the plaintiff to pursue not only the original compensation amount outlined in the claim, but in many cases, additional compensation arising from the need to sue the insurance company to get a dispute resolved.
If an insurance company has denied a claim on the grounds of confusing or complex contract language, a lawyer can bring the contract into court, where the interpretation and definition of any phrases under dispute would be ruled by the court, not by the insurance company. As an insurance holder, you have legal rights, and our goal is to protect those rights from being violated. If you believe you have been taken advantage of by your insurance company, contact our insurance bad faith attorneys in West Virginia today. Our experienced staff can help you obtain fair and just compensation.
What Constitutes Bad Faith?
An insurance company is operating in bad faith if they fail to thoroughly and expeditiously investigate a claim, offer an unjust and inadequate settlement for losses suffered by the policy holder, delay payment of the settlement for an unreasonable amount of time, or interpret the policy language in such a manner as to deliberately deny the policy holder compensation for their losses. In some cases, insurance companies simply refuse to honor a claim without a reason. Any action taken by the insurance company that can be considered a breach of contract between the policy holder and the insurance company may be considered bad faith.
An experienced lawyer from Berthold Law Firm can review your claim and determine your eligibility for a case. Often, the mere notification of a potential lawsuit is enough to obtain a fair and just settlement from the insurance company. If you would like to schedule a consultation with one of our insurance bad faith attorneys, contact us today.
What Compensation Am I Eligible For?
Many of our clients inquire what level of compensation they can expect in a bad faith insurance case. In many cases, the plaintiff is eligible for the initial compensation outlined in the insurance claim, as well as consequential damages and extra contractual damages. Consequential damages would be any out of pocket expenses the plaintiff was required to pay as a result of the inaction of the insurance company, such as fees associated with a vehicle repair. Extra contractual fees are rewarded for emotional or physical pain and suffering resulting from the insurance company’s bad faith. Extra contractual damages are determined based on the particularities of individual cases, and are not guaranteed for all plaintiffs.
If an insurance company has acted egregiously, the court may also reward punitive damages. The purpose of punitive damages is to punish the offending party by exacting additional compensation, in the hopes that such activity by the defendant will cease. Our bad faith attorneys can review your case and decide if you’re eligible for compensation.
Contact Berthold Law Firm Today.
If you believe that you have been taken advantage of by your insurance company, our insurance bad faith attorneys, serving all of West Virginia can help. To schedule a free consultation and case review, contact our office today.
Our work has not gone unnoticed. Martindale‑Hubbell®, one of the country’s top legal directories, has awarded our firm an "AV" rating. This is the highest and most respected designation of legal ability and ethical conduct among firms in our practice areas. In addition, Berthold Law Firm has the best research tools and resources to fully investigate and evaluate your case.