Was your claim for insurance benefits recently denied by an insurance company in San Antonio, Texas? Were you denied a reasonable explanation? Do you suspect that the insurance company failed to consider your claim in good faith? If so, contact George Salinas Injury Lawyers. You have rights, and our San Antonio bad faith insurance lawyers can help you force the provider to make things right.
George Salinas Injury Lawyers is a trusted legal advocate for accident victims throughout south-central Texas. Our team of award-winning trial attorneys has over 110 years of combined experience and a proven ability to take on powerful insurance companies and win.
We’ve helped our clients recover hundreds of millions in damages. Trust us to help you fight for the best possible result in your bad faith action, too. Contact our law office in San Antonio, TX, today at (210) 225-0909 to schedule your free consultation.
How George Salinas Injury Lawyers Can Help If Your Insurance Claim Has Been Handled in Bad Faith in San Antonio, TX
Insurance companies don’t have your best interests at heart. In reality, they’ll do everything they can to deny a claim for benefits or drive down how much they pay when it’s resolved. In some cases, insurance companies skirt the law and handle claims in bad faith to achieve these results.
When an insurance company acts in bad faith, it can be held accountable. The best way to accomplish this is by enlisting the help of an experienced San Antonio personal injury lawyer to handle litigation.
George Salinas Injury Lawyers is one of the most decorated and respected personal injury law firms in Texas. Our attorneys are recognized as Texas Super Lawyers and have recovered some of the top settlements and jury verdicts in the state. We’re not afraid to go toe-to-toe with leading insurance companies in pursuit of justice for our clients – especially when the insurer has not acted in good faith.
Turn to our trusted legal team, and we’ll:
- Review the details of the accident on which your claim for benefits is based
- Evaluate how the insurance company handled your claim and communicated with you throughout the claims process
- Identify ways in which the insurance company handled your claim in bad faith
- Aggressively pursue a settlement that covers the full extent of your claim and any additional damages you’ve suffered
- Bring in insurance industry experts to provide supportive testimony for your case
- Bring your bad faith lawsuit to a Bexar County jury if the insurance provider refuses to admit that its actions were in bad faith or fails to extend a reasonable settlement
Don’t let the insurance company off the hook. Trust our bad faith insurance attorneys in San Antonio to hold them accountable.
We represent clients on contingency. This helps to alleviate the stress of asking an attorney to help you take legal action. You’ll only pay when we win your bad faith insurance lawsuit.
Contact our San Antonio personal injury attorneys today. Your first case assessment with our team is free.
What is Bad Faith?
When someone buys an insurance policy, they enter into a contractual agreement with the insurance company. Each party has a responsibility. The policyholder pays premiums. The insurer pays out benefits on legitimate claims once deductibles have been met. Insurance companies in Texas are legally required to consider insurance claims in good faith. Simply put, they must consider claims honestly.
When an insurance company begins to handle a claim dishonestly or with the intent to deceive the policyholder (or another beneficiary), their actions are considered to be in bad faith.
In Texas, there are two ways to bring a bad faith insurance claim against a provider. Claims can be based on common law or statutory law.
Common Law Bad Faith
Common law bad faith claims are based on the fact that an insurance company is bound by an implied covenant of good faith. In other words, the insurance company is legally obligated to carry out its contractual obligations honestly. Acting in bad faith is a breach of this covenant for which the insurer can be liable.
When you file a bad faith action based on this common law duty, you’ll need to prove:
- The way in which the insurance company handled your claim was unreasonable; and
- The insurer knew or should have known there was not a reasonable basis to deny your claim or take other adverse action.
You must also prove that you’ve suffered damages – like attorneys’ fees, administrative costs, and the loss of the benefits sought under the initial claim.
Statutory Bad Faith
Texas also has statutory provisions that require insurance providers to act in good faith. Actions that can give rise to bad faith litigation are listed in Chapter 541 of the Texas Insurance Code. A claim can be brought under Section 541 when an insurance company is aware of the falsity, unfairness, or deceptiveness of its actions regarding a claim for benefits.
Common Examples of Insurance Bad Faith Practices
Bad faith insurance can take many forms. At its core, bad faith practices are dishonest and intended to mislead claimants to prevent them from recovering benefits to which they’re entitled.
Examples of bad faith practices include:
- Failing to conduct a prompt and thorough investigation into a claim for benefits
- Denying a claim without justification
- Offering a settlement that is substantially less than a claim is worth
- Changing the terms of an insurance policy after a claim is submitted
- Intentionally misrepresenting the terms of a policy
- Delaying payment on a claim
- Threatening a claimant
- Failing to defend a policyholder in a third-party action
- Failing to communicate with a policyholder
- Requiring a claimant to provide unnecessary paperwork or documents
- Failing to disclose information to the claimant
Any of these actions can prevent a claimant from receiving compensation or significantly limit how much money they’re awarded. As a result, the claimant is harmed. In these situations, the claimant can file a bad faith action to make things right.
Are Insurance Claim Denials Always Made in Bad Faith?
No. There are times when an insurance company is justified in denying a claim or delaying the claims process.
Insurance companies can:
- Delay the claims process to conduct a thorough investigation
- Deny claims when claimants or damage are specifically excluded from coverage
- Deny claims when policy premiums have not been paid or a policy has lapsed
- Deny claims when there is a question regarding liability
If your insurance claim has been denied, it’s a good idea to have an experienced personal injury attorney in San Antonio review the situation. At George Salinas Injury Lawyers, we can identify ways in which the insurer may have acted in bad faith to prevent you from getting the benefits to which you’re entitled.
What Types of Damages Can I Get If I File a Bad Faith Insurance Case in San Antonio, Texas?
When you file a bad faith insurance lawsuit against a Texas provider, you’ll have the opportunity to recover damages. Damages are paid to make you whole and offset the inconveniences and extra costs you’ve experienced because of the insurance company’s bad-faith actions.
Recoverable damages include:
- Attorney’s fees
- Court costs
- The value of the original claim
If you can prove that the insurance company’s conduct was an intentional or knowing violation of the law, you can recover up to three times the value of the claim they should have initially paid out. Punitive damages can also be awarded if your bad faith lawsuit goes to trial. These are intended to punish the insurance company for its intentionally harmful misconduct.
How Long Will I Have to File a Bad Faith Insurance Lawsuit in Texas?
Texas has a two-year statute of limitations for most bad faith insurance lawsuits (with some exceptions). You’ll have two years from the date of the bad faith conduct to take action. Typically, this is when your claim is denied.
You have to file your claim before the applicable statute of limitations runs out. Once time expires, you’ll no longer have the opportunity to sue the insurance company for their reprehensible conduct.
Advocating For Clients in All Types of Bad Faith Insurance Cases
At George Salinas Injury Lawyers, our bad faith insurance lawyers in San Antonio proudly fight on behalf of clients in cases involving:
- Car insurance
- Homeowners insurance
- Commercial insurance
- Malpractice insurance
- Health insurance
- Life insurance
- Liability insurance
Put our 110+ years of combined experience and stellar reputation to work for your benefit. We can make a difference as you take on the insurance company and fight for the compensation you deserve.
Schedule a Free Consultation With an Experienced San Antonio Bad Faith Insurance Lawyer
Do you think your insurance claim was denied in bad faith? Did the insurance company fail to give you a legitimate reason for its denial? Contact George Salinas Injury Lawyers. You have the right to hold the insurance company accountable. Our San Antonio bad faith insurance attorneys can help.
Contact our San Antonio, TX, law office to arrange a free consultation. We’re always available to help – 24 hours a day, seven days a week.