[Bad Faith Insurance]

 

Denver Bad Faith Insurance

Insurance bad faith occurs when an insurer doesn’t promptly and fairly pay a claim.

Every insurance policyholder has a reasonable expectation that the insurance company is going to uphold their end of the deal. As such, if the policyholder makes a claim, they expect the insurance company to pay the correct amount within a reasonable and pre-determined amount of time.

Unfortunately, too many insurance companies can deploy many different methods to try and avoid paying legitimate constituent claims.

Examples of Bad Faith Insurance

Curious if you have a legal case? Here are some basic examples of insurance bad faith scenarios:

  • Underpaying on the actual value of the claim

  • Sending policyholders confusing and/or incorrect documents with changed deductibles and waiting periods

  • Ignoring or not replying to phone calls, emails, and other messages

  • Outright denying a claim with no reasonable basis or failing to give a reason at all

  • Presenting false evidence as justification for a denial

  • Misrepresenting the policy language

  • Conducting a superficial or incomplete evaluation of the situation

While these are merely examples of bad faith insurance, any deceptive or otherwise unfair tactic by the insurance company can be an act of bad faith. The important part is identifying whether or not the insurance company acts to avoid paying the appropriate amount in a reasonable time frame.

Colorado Bad Faith Insurance Lawsuits

A Colorado bad faith insurance lawsuit is a two-part civil claim in which:

  1. The insured party (AKA policyholder) demands fair payment for the amount that they should have received under their policy.

  2. The policyholder makes an additional claim for the insurance company’s bad faith actions in unreasonably denying or underpaying the claim.

Types of Damages

The monetary damages a policyholder can recover if they win a bad faith claim can be both economic and non-economic. Economic damages compensate the claimant for how they suffered a direct financial loss as the result of the insurer’s misconduct. Non-economic damages compensate the claimant for any harm they endured that can’t be quantified financially.

Economic Damages May Include:

  • Costs of medical treatment the policyholder was forced to pay out of pocket because of bad faith

  • Lost wages the policyholder suffered because they couldn’t work

  • Legal fees for pursuing the bad faith insurance lawsuit

Non-Economic Damages May Include:

  • Pain and suffering as the result of denied medical treatment

  • Pain and suffering because a condition was allowed to become worse

  • Emotional distress due to a policyholder’s insurance claim being denied

Legal Grounds for Bad Faith Insurance in Colorado

In Colorado law, there are two legal grounds for a bad faith insurance claim. There are a common-law basis and a statutory basis available to the victim. As the insured party, you may make your claim on both grounds.

Our team will investigate and document your claim, demonstrate liability, and calculate the full value of your damages so we can help you recover the maximum possible settlement.

John D. Halepaska has in-depth knowledge of Colorado’s comparative negligence law, are equally negligent, a jury may award the injured person no damages.

Insurance companies often argue that the injured person bears some of the faults, and they refuse to pay accordingly. However, with our attorney on your side, you can rest assured knowing that a professional will efficiently argue on your behalf regardless of the legal defenses argued by the insurance company.

Let’s Talk About Your Case

The legal team at the office of John D. Halepaska understands that each claim carries its own set of circumstances that must all be taken into consideration. We take the time to study your case and address all your questions and concerns.

In fact, our firm is available 24/7 throughout the duration of your case.

With our client-focused approach and a reputation for successful recoveries, you can rely on us to represent you. Get in touch with us today to schedule a consultation.

 

FAQ:

Have I got a case?

Let’s talk about it. Telephone our office to speak with a personal injury specialist.

How much will it cost me to bring a claim?

In most cases you will pay nothing at all whether your case is successful or not.

Is there a time limit?

Yes. In cases involving auto accidents, usually three years.  For all others, usually two years.  However, there are exceptions so now is the best time to act.

What are the exceptions?

In high risk or complex cases we may agree with you from the outset that a success fee of up to 25% may be charged. This will not be payable if your claim is unsuccessful.

Will I have to go to court?

Probably not. Most cases settle. We often need to issue court proceeding to move matters along but it is rare for a case to go all the way to trial.

 

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