Insurance Bad-Faith Attorney in Topeka, KS

Insurance is a protection we get in order to shield ourselves, our families, or our businesses from devastating occurrences like fires, natural disasters, auto accidents, or debilitating injuries. When the unimaginable occurs, we rely on our insurance policies to cover these losses and restore us to a whole state. Regrettably, in numerous instances insurers either reject the claim, consent to compensate only a fraction of its actual value, or postpone payment for months or even years. These actions can worsen your challenges, potentially causing additional financial turmoil. You possess rights in such situations, and our insurance bad-faith attorneys in Topeka, KS, are dedicated to upholding those rights.

“Good faith” extends beyond ethical considerations; it is a legal mandate dictating that your insurance company must fulfill its contractual commitments honestly and promptly. In instances of bad-faith conduct, you retain the right to legally hold the company accountable for its actions and enforce adherence to the agreement. In insurance, legal remedies are available when fraudulent treatment occurs.

Palmer Law Group’s insurance bad-faith attorneys are well-versed in the various strategies insurers employ to deny rightful assistance to policyholders. We understand the profound financial and emotional toll insurance failures can exact, and our mission is to assist clients in obtaining the full compensation they rightfully deserve for their undue losses. Contact us today at (785) 233-1836  for a free consultation.

What Is a Bad-Faith Insurance Claim?

Insurance bad faith occurs when an insurance company fails to uphold its contractual obligations or uses unfair or deceptive practices when handling a claim. Insurance companies must act in good faith and deal fairly with their policyholders when handling claims. When an insurer engages in unfair, deceptive, or unreasonable practices during the claim process, it may be considered an act of bad faith.

These are some key elements of a bad-faith insurance claim:

1. Unjustified Claim Denial: If an insurance company denies a valid claim without a reasonable basis or proper investigation, it may be acting in bad faith. Policyholders have the right to expect that their claims will be evaluated objectively and in accordance with the terms of the insurance policy.
2. Unreasonable Delay: Delays in processing a claim can be considered bad faith if they are excessive and not justified. Insurance companies are expected to handle claims in a timely manner, and undue delays can cause financial hardship and emotional distress for policyholders.
3. Undervaluing Claims: Offering an unreasonably low settlement amount that does not accurately reflect the claim’s value can also indicate bad faith. Insurance companies are expected to fairly assess the extent of the loss and provide reasonable compensation.
4. Inadequate Investigation: If an insurer fails to conduct a thorough and unbiased investigation before denying a claim, it may be considered an act of bad faith. Insurance companies must investigate claims diligently and make decisions based on the available evidence.
5. Failure to Communicate: Lack of communication or providing misleading information to policyholders about their rights, coverage, or the claims process can be viewed as bad faith. Clear and honest communication is essential to maintaining a good-faith relationship between insurers and policyholders.

Why Choose the Palmer Law Group?

At the Palmer Law Group, we understand policyholders’ challenges and frustrations when dealing with insurance companies that act in bad faith. Our commitment to justice and unwavering advocacy make us a leading choice for those seeking experienced and dedicated insurance bad-faith attorneys. Here are key reasons to choose us to represent you:

Expertise

Our team of attorneys possesses in-depth knowledge of insurance law and a wealth of experience in handling complex bad-faith claims. This allows us to stay at the forefront of developments in the field, ensuring that our clients receive the highest level of expertise in pursuing their cases.

Comprehensive Case Evaluation

Our attorneys conduct thorough and comprehensive evaluations of each case we take on. This includes a detailed analysis of your insurance policy, the circumstances surrounding your claim, and the insurance company’s actions. This meticulous approach allows us to build a compelling case strategy to expose bad-faith practices and seek maximum compensation.

Skilled Negotiation

Negotiation is often a key component of resolving insurance bad-faith claims. Our skilled negotiators are adept at efficiently engaging with insurance companies to secure fair settlements. We strive to reach resolutions that address your needs while avoiding unnecessary delays.

Litigation Experience

While we explore all avenues for resolution, we are prepared to take your case to court if necessary. Our insurance bad-faith lawyers have extensive experience in litigation, including presenting compelling arguments, cross-examining witnesses, and confidently navigating the courtroom.

Aggressive Advocacy

We are known for our aggressive advocacy on behalf of our clients. Whether negotiating with insurance companies for a fair settlement or litigating in court, we relentlessly pursue justice. Our commitment to securing the best possible outcome for our clients is unwavering, and we are not afraid to take on even the most formidable opponents.

The Types of Damages You Can Recover in an Insurance Bad-Faith Case

If you succeed in a bad-faith claim, your compensation will combine economic and non-economic damages.

Examples of economic damages include:

• Reimbursement for out-of-pocket expenses related to medical treatment due to claim denial
• Compensation for lost wages resulting from the inability to work
• Coverage for attorneys’ fees incurred in pursuing the bad-faith lawsuit against the insurer.

Meanwhile, non-economic damages include:

• Compensation for pain and suffering arising from denied medical treatment
• Redress for pain and suffering caused by the exacerbation of a condition that was allowed to worsen
• Damages for emotional distress stemming from the denial of your insurance claim.

How to Prove Bad Faith in a Bad-Faith Insurance Claim

To file a valid bad-faith lawsuit, it’s essential to demonstrate that a benefit from your insurance policy was unjustly denied without proper justification. Engaging the services of an insurance bad-faith attorney can significantly enhance your chances of obtaining the rightful justice.

The experienced bad-faith insurance attorneys at the Palmer Law Group are ready to assist you in compiling the necessary evidence for your claim and guiding you through each stage of the legal process. Our commitment is to secure a fair settlement on your behalf, and as we operate on a contingency basis, you only incur fees if we succeed in winning your case.

How Can Our Insurance Lawyers Help You?

Dealing with an insurance company that has acted in bad faith can be daunting and complex. Having experienced insurance bad-faith attorneys by your side is crucial to ensuring your rights and justice are served. Here’s how our insurance bad-faith lawyers can help you:

1. Investigate to Determine if Bad Faith Occurred

Our skilled insurance attorneys will conduct a thorough investigation into the details of your case. This includes reviewing your insurance policy, assessing the circumstances surrounding your claim, and scrutinizing the actions taken by the insurance company. We will build a strong case on your behalf by gathering evidence and identifying instances of bad faith.

2. Help You Understand the Law and How it Applies to Your Case

Insurance laws can be complex. Our insurance bad-faith lawyers will provide you with a clear understanding of your legal rights and how they apply to your specific situation. This knowledge is important for making informed decisions throughout the legal process.

3. Issue a Demand Letter

We will issue a demand letter to the insurance company to initiate the legal process. This letter outlines the details of your claim, the evidence of bad faith, and the compensation you seek. The demand letter serves as a formal request for a fair settlement and opens the door for negotiation.

4. Negotiate Directly for a Fast Resolution of Your Case

Our insurance bad-faith attorneys in Topeka are skilled negotiators. We will engage directly with the insurance company to seek a fair and timely resolution of your case. Negotiation is often the first step in the legal process, and a successful resolution at this stage can save time and resources.

5. Prepare Legal Documents to File in Court

We will be prepared to take your case to court if negotiations prove unsuccessful. We will draft and file the necessary legal documents outlining your claims and presenting the evidence of bad faith. This includes preparing a complaint, which officially initiates the lawsuit.

6. Bring Legal Motions, Prepare Evidence, and Develop a Legal Strategy

Throughout the legal proceedings, we will bring legal motions, such as motions for discovery or summary judgment, to advance your case. We will also continue to gather and prepare evidence, developing a strong legal strategy to support your claims and counter any defenses the insurance company raises.

7. Mediation and Case Resolution Actions

Mediation may sometimes be pursued as an alternative dispute resolution method. We will guide you through this process, representing your interests during mediation sessions and working toward a fair and just settlement.

8. Representation in Court at all Hearings and Trials

If your case proceeds to trial, we will provide representation at all court hearings. We will present arguments, question witnesses, and fight for your rights in the courtroom.

Frequently Asked Questions

Can I sue my insurance company for bad faith? 

You can sue your insurance company if you believe they have unfairly or dishonestly handled your claim. Consulting with an attorney experienced in insurance bad-faith cases is recommended.

Will hiring an attorney increase my chances of success in an insurance bad-faith claim? 

Yes, having an experienced attorney with a focus on insurance bad faith can significantly increase your chances of success. They can navigate complex legal processes, gather evidence, and advocate for your rights throughout the lawsuit.

What is the difference between a first-party claim and a third-party claim?

Either first-party or third-party claimants can initiate insurance bad-faith claims. A first-party claimant is someone filing a claim against their own insurance policy, while a third-party claimant is someone filing a claim against another person’s insurance policy for losses incurred due to the wrongful actions or negligence of that policyholder. When the insurance company exposes its insured to damages surpassing the policy limits or damages not covered by the insurance policy, it could be held accountable for insurance bad faith within a third-party context.

Contact the Palmer Law Group Insurance Bad-Faith Attorneys Today

If you believe your insurance company has acted in bad faith, don’t face the legal complexities alone. Our insurance bad-faith attorneys are ready to fight for your rights and seek the compensation you deserve. Contact us today at (785) 233-1836  for a free consultation, and let us guide you toward a just resolution.

Attorney LJ Leatherman

LJ Leatherman passionately believes in fair and dedicated representation for individuals who have been affected by automobile negligence, electrical injuries, firearm litigation, wrongful death, and third-party claims against insurance companies and all other areas of personal injury litigation. [Read More]