Insurance Lawyer in Houston Helps With Denied Claims
Talk to our bad faith insurance lawyers about a denied claim.
You’ve been involved in an accident or experienced a terrible misfortune. You think that you’ll be able to weather the storm because you have insurance for this exact incident. You’re shocked and left hung out to dry when your insurance company fails to do their part.
Does this sound familiar? It’s a far-too-common story for insurance policyholders. When an insurance company doesn’t live up their end of the bargain, they are often acting in bad faith, which means that they are using bogus reasons for denying or lessening the payment they should be giving you. If this is the case, you may qualify to file a bad faith insurance claim lawsuit to get an award for damages in addition to payment for the claim.
Bad faith occurs when an insurance company acts unreasonably by denying or delaying benefits owed to you according to the terms of the insurance policy you purchased. If you have been paying your premiums for your insurance policy on time, you have been acting in good faith, and your insurance company owes you the duty to do so as well. In Texas, all insurance contracts have an implied covenant of good faith. This means that, even though it is not expressly stated in your policy, your insurance company is required to treat their policyholders honestly and fairly. If your insurance company does not investigate and look at the merits of your claim, delays acting on your claim, misinterprets the language contained in the insurance policy, or refuses to pay your claim without a legitimate reason, you may have grounds to bring a bad faith lawsuit. These claims are about more than just payment. They are also about fairness.
If you’re dealing with an insurance company acting in bad faith, it can be difficult since the insurance companies have a team of lawyers working against you. Fortunately, you can level the playing field by having an experienced insurance lawyer on your side to fight for your rights.
The Houston bad faith insurance attorneys at Terry Bryant Accident & Injury Law know how to deal with the complex laws and insurers involved with getting you fair compensation. We can take the burden off you by handling all legal hurdles, negotiations with insurance companies and their attorneys, paperwork, and court appearances involved in winning the settlement you deserve.
We offer a free consultation so you can speak to our insurance attorneys who know how to get their clients the payment they’ve been promised. If your insurance claim was denied unfairly, we can help.
There are no fees to you unless we win, so call us today to get started at (713) 973-8888.
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Reasons to Hire Houston Bad Faith Lawyer Terry Bryant
Why Choose Us
You may think all lawyers are the same, but they are not. Hiring the right attorney can make the difference between whether or not you receive the full amount you are entitled to. Here are some reasons why we believe Terry Bryant Accident & Injury Law is your best choice:
- We have more than 35+ years of experience.
- We get results and have recovered $1 Billion for our clients. Visit our client victories page to read about real cases — and real money — the dedicated attorneys at Terry Bryant Accident & Injury Law have won.
- We provide great customer service and are available 24/7 for client emergencies.
- Terry Bryant and our senior attorneys are Board Certified.
- We have a 98% positive group of satisfied clients who give testimonials to our service.
- We are recognized in our field – our law firm has received several awards from the Better Business Bureau.
- We offer free initial consultations to get you started.
- We have the resources of a skilled legal team, investigators, and expert witnesses to go up against an insurance company.
- We offer a No-Fee Guarantee®, which means you pay us nothing unless you get your money.
Houston Insurance Attorney Knows Texas Laws
In Texas, the insured person has the burden of proving a bad faith claim. Texas has two separate bodies of law that penalize insurance companies for acting in bad faith, so there are two ways to do this. The first is the common law implied covenant of good faith that requires an insurance company to treat you honestly and fairly. To prove a common law bad faith claim, our attorneys must show that your insurance company denied or delayed your claim even though liability was reasonably clear.
The second option is known as a “statutory bad faith claim.” To win your case based on the statutes, our attorneys must show that that the insurance company did one of the things prohibited by the Texas laws dealing with insurance. These laws are:
- Chapter 541 of the Texas Insurance Code (also called the “Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Act”). Chapter 541 lays out in detail when an insurer engages in an unfair method of competition and unfair or deceptive acts or practices.
- Chapter 542 of the Texas Insurance Code (also called the “Unfair Claim Settlement Practices Act”). Chapter 542 provides deadlines for an insurer to pay and settle claims.
Actions prohibited by Chapters 541 and 542 of the Texas Insurance Code include:
- Failing to attempt in good faith to reach a prompt and fair settlement when liability is reasonably clear
- Offering you less than you deserve
- Denying a claim entirely or failing to promptly provide a reasonable explanation of the reason for denial
- Making unreasonable demands
- Delaying payment
- Harassment or threat of lawsuits
- Misrepresenting a material fact or policy provision related to coverage
- Making policy changes without notifying policyholders
- Failing to affirm or deny coverage within a reasonable period of time
- Refusing to pay a claim without conducting a reasonable investigation.
These are just a few of the bad faith actions insurance companies can take, but there are many more. Policyholders typically know when they’re being given a raw deal. You should know that you don’t have to accept these bad-faith tactics. Our attorneys will investigate your case thoroughly to show that that the insurance company didn’t just make an error, but that it engaged in intentional or grossly negligent conduct that caused you harm, and you should be compensated as a result.
Call Terry Bryant Accident & Injury Law at (713) 973-8888 to learn more about your legal options.
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Compensation Your Bad Faith Insurance Attorney May Win
In a successful bad faith insurance lawsuit in Texas, our attorneys may win a settlement for damages. These may include:
- Treble Damages – this is three times the amount the insurance company should have paid you. To get treble damages, courts tend to require that you prove the insurance company intentionally or knowingly acted in bad faith.
- Attorney’s fees, interest, and court costs.
- Interest on the delayed payments.
- Mental anguish in certain situations.
- Punitive damages may be available in some rare situation to punish the insurance company for its bad behavior.
In addition, Chapter 542 of the Texas Insurance Code creates a number of requirements for insurers to respond to, investigate, and pay insurance claims. If the company violated these rules, you are entitled to recover attorney’s fees and damages in the form of an annual 18% penalty.
To collect these damages, the law requires the following:
- You are a policyholder who had a claim under the policy.
- The insurer is liable for the claim.
- The insurer failed to comply with a requirement of the statute.
To collect attorney’s fees and damages for breach of the prompt payment requirements, you must notify the insurance company in writing of your claim or allegation of underpayment. Once the insurer receives written notice, it has fifteen days to acknowledge the claim, begin an investigation, and request additional information.
There are other time requirements under the law for insurance companies, which generally must make a determination on your claim within 60 days. Failure to do so can entitle you to attorney fees and other penalties.
Insurance companies do not want to be slapped with huge compensation awards and damage to their reputation. Once they know you have a lawyer on your side who is willing to proceed to litigation, they may be more likely to negotiate in earnest and offer a more fair and just settlement.
Insurance Attorney in Houston Knows Reasons to Have Insurance
We carry insurance to cover our losses when bad things happen. In some cases, we do this because we are required to do so by law. In other cases, we do it simply because we know that planning for unforeseen hard times is in our best interests. Our bad faith attorneys deal with two types of insurance claims that may lead to bad faith situations:
- First-party claims – when you file a claim with your own insurance company after an accident or an injury.
- Third-party claims – which is liability insurance through a policy that you purchase in order to protect yourself from claims made by other people.
People can have insurance policies covering nearly any possession or event, but these types of insurance policies are the most common:
- Vehicle insurance for accidents with cars, trucks, and motorcycles
- Home insurance for issues such as leaking roofs and damage from disasters such as hurricanes, floods, and hail
- Health insurance for medical problems such as brain injuries or spinal cord injuries
- Property insurance for damage on a property
- Life insurance.
Unfortunately, the fact that you have an insurance policy doesn’t guarantee you’ll get the payment you deserve when disaster strikes. Policyholders are still dependent on insurance companies to live up to their promises. When they fail to do so, they are acting in bad faith, and you should consider exploring your legal options with Terry Bryant Accident & Injury Law.
Houston insurance Lawyers Deal with Insurance Company Excuses
At the accident and injury law office of Terry Bryant, we’ve heard several excuses that insurance companies use to justify why they don’t have to pay their policyholders.
These are just a few examples of why companies unfairly deny insurance claims…
- Your premium wasn’t paid on time.
- The treatments you want covered aren’t medically proven.
- The company isn’t liable for the claim you’ve filed.
- Your policy limit has been reached.
- Your condition is related to a prior injury.
- The injuries or damage was your fault.
- You didn’t seem to be injured after the accident.
- Your credibility isn’t reliable.
Insurance companies give these and many other excuses to deny payment to their policyholders and get out living up to their end of the bargain. Throughout our many years of helping clients with bad faith insurance companies, we’ve heard all the excuses and seen the many bad faith justifications these companies use to deny or lessen offers to their policyholders.
Our bad faith attorneys know how to go past insurance company excuses and hold your insurer liable by showing the following elements:
- Your insurance policy required the insurance company to pay the claim.
- The insurance company unreasonably refused to pay the claim.
- The insurance company did not deal fairly and in good faith.
- The bad faith actions caused you injuries or damage.
To show these elements exist, we would investigate the circumstances of your claim and its denial and find evidence to prove your claim is valid and that the insurance company acted in bad faith. We would do this by:
- Carefully examining your policy to look for errors made by the insurance company
- Examining all correspondence between you and the insurance company to see if they responded within legal requirements
- Investigating the incident and gather evidencing from the accident scene such as photos and videos from surveillance cameras
- Interviewing witnesses and examining reports and documents from police, first responders, and medical professionals
- Reviewing repair cost estimates and bills
- Hiring expert witnesses to reconstruct what happened and testify on your behalf.
At Terry Bryant Accident & Injury Law, our insurance lawyers stand up for our clients to make sure they are treated fairly by their insurers.
Frank: Actual Client Testimonial
“I braced myself real good and grasped onto the steering wheel and got ready to have a head-on collision… I didn’t seek any medical attention at the scene of the accident because I felt fine, probably because of the adrenaline rush… The insurance company wanted to do only what they had to in order to take care of the car… Seeing Terry Bryant’s commercial, I had a real good gut-feeling that he was the one I needed to call, so I did. It was a great relief. They handled everything… If I had a question, I just called them, and they took care of it… Of course I’d recommend Terry Bryant because he’s done me a great job.” ~ Frank
Call Our Insurance Attorneys in Houston for Help
The compassionate bad faith insurance lawyers at Terry Bryant Accident & Injury Law understand how frustrating it can be to deal with insurance companies that are acting in bad faith. We are here to take the burden off you and handle all legal hurdles involved in getting you the compensation you deserve.
If you suspect your insurer is acting in bad faith, be sure to document all conversations with your insurance company. Make sure you save all correspondence with your insurance company and, when possible, request that your insurance company communicate with you in writing. Then call our Houston insurance lawyers as soon as possible, as it is important to start investigating your accident while evidence is fresh and witnesses can be found.
If you’ve been denied payment or treated unfairly by your insurance company, call us today at ( 713) 973-8888 to learn more about how we can help you and get started on the road to getting fair compensation.