San Antonio Insurance Litigation Lawyer
What is a bad faith insurance claim?
Your insurance company has a duty to handle your claim promptly, reasonably, and in "good faith." If an insurance company fails or refuses to honor its contract and pay a valid claim, you may have the right to bring a civil action for damages against that insurance company.
Do damages for an insurer's bad faith go beyond what I would be entitled to under the contract?
Maybe. If the denial is found to have been unreasonable, you may be entitled to also recover consequential damages - money you had to pay out-of-pocket because of the denial - along with what the insurer owes you under the policy, plus interest.
You may also be entitled to recover damages for mental and emotional distress, and punitive or exemplary damages if you are entitled to such damages.
You pay insurance premiums in hopes that you will be covered if you should ever need to file a claim. However, some insurance companies perform outcome-oriented investigation of claims. In other words, they know what result they want to reach - which is denial of your claim - and they reach it. In order to protect your rights when your claim is denied, you should retain an attorney who can represent you and prosecute your claim.
Insurers have a duty to investigate damage claims and to treat the insured in good faith. If your claim is wrongfully denied insurance benefits under your home, auto, medical or other type of insurance, our trial lawyers will evaluate your claim and determine if your are deserving of more compensation than offered by the insurance company. Here are some examples of the types of insurance claims our lawyers handle:
- Water claims
- Homeowners insurance
- Hail claims
- Theft claims
- Fire claims
- Alleged Arson claims
- Water damage claims
- Wrongful delay or denials of insurance claims, including uninsured and underinsured motorists (UM/UIM) claims
- Personal injury protection claims
- Medical claims
- Coverage disputes
- Declaratory Judgment Actions
- Mold claims
- Foundation claims
Our lawyers are dedicated to enforcing the standards of the Texas Insurance Code and other state and federal laws regulating the business of insurance.
Our lawyers frequently represent people at the examination-under-oath phase. Insurance contracts have a provision that allows the insurance company to require the insured to present a deposition under oath to give sworn testimony about the facts and circumstances of the loss. The insurance company will have a lawyer and a court reporter at the examination under oath, which may attempt to intimidate the insured person or affect the insured's testimony.
Some types of mold pose a danger to you and your family, especially those that can easily grow in dark, damp corners of a home or office. Removing the mold is sometimes an expensive process that disrupts lives and causes emotional distress. Families are sometimes displaced from their homes. Cleanup crews may wear hazardous materials suits to strip carpets or tear down walls. Entire buildings are sometimes destroyed due to certain types of toxic mold.
In some cases, this fungus festers due to the negligence of the architect, builder or some other party. Other times, insurance companies may be slow to respond to claims seeking to remove dangerous mold. Sellers of homes may also fail to disclose mold problems to buyers.
There is no greater headache for property owners than to discover problems with a building foundation. Cracked walls or ceilings and broken water pipes can be signs of an expensive problem beneath your feet, one that can send property values plummeting.
Our lawyers can evaluate whether you have rights and claims you can assert, and whether you are entitled to assert such rights or claims under a policy or the Texas Insurance Code. We regularly handle insurance suits to protect consumers' rights. Sellers of homes may also fail to disclose foundation defects to buyers. Our lawyers can evaluate whether a consumer may have claims against a seller of property or the real estate broker or agent.
Homeowners Insurance Claims
Your homeowners insurance policy may cover you for many acts of negligence, even if the claim against you has no merit. Your right to have the insurance company protect you and defend you is a valuable right. We attempt to enforce those rights when insurance companies will not honor their obligations.
Contingency Fee Representation
Our lawyers handle many insurance litigation cases on a contingency fee system. Under this system, no attorney fees are charged unless we are successful in obtaining a recovery for you. We also seek to recover attorney fees from the insurance company that denied your claim.
Sylvan Lang is an experienced insurance litigation lawyer who have represented both consumers and insurance companies. Representing insurance companies in the past has given our lawyers a broader knowledge of the interests of both sides. We know how insurance companies and businesses defend these cases. Today our lawyers only represent consumers.
Contact the San Antonio insurance litigation lawyers at Lang Law Firm P.C.
The San Antonio insurance litigation lawyers of Lang Law Firm P.C. represents clients throughout central and south Texas, including San Antonio, Universal City, Hondo, Seguin, New Braunfels, Devine, Bexar County, Comal County, Medina County, Guadalupe County, Wilson County, and Atascosa County.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, review our qualifications or call us to ask about our qualifications and experience.