Insurance companies can be difficult to deal with after an accident or personal injury. They complicate things and make navigating the claims process difficult and frustrating for injured victims.
However, some insurance companies cross the line in their attempts to protect themselves from liability for claims. If you feel like an insurance company mistreated you or unfairly judged your claim, you need to talk with a Tampa bad-faith insurance lawyer.
Our personal injury lawyers in Tampa, Florida, have over 119 years of combined experience. We use our extensive experience, resources, and skills to pursue top awards for our clients. We have won tens of millions for our clients in jury verdicts and awards. You won’t pay any attorney’s fees unless and until we win money for your case.
We are available 24/7 to discuss your case with you. Contact our Winters & Yonker Personal Injury Lawyers at (813) 223-6200 to schedule a free consultation with an experienced Tampa bad-faith insurance lawyer.
How Winters & Yonker Personal Injury Lawyers Can Help You With a Bad Faith Insurance Claim in Tampa, FL
You expect the insurance company to process your claim and pay a fair amount for your damages after an accident or injury. You expect to be treated fairly and for the insurance company to process your claim in a timely manner.
However, many people find that their expectations of the insurance claims process and reality differ in many ways. If an insurance company treats you unfairly, call Winters & Yonker Personal Injury Lawyers. Our Tampa personal injury lawyers will review your case and discuss your legal options during a free appointment.
If you decide to proceed with a bad faith insurance claim, our legal team can help you by:
- Investigating the circumstances surrounding your insurance claim
- Gather evidence demonstrating bad faith by the insurance company
- Consult with experts as needed who can help with your case
- Handle all communications with the insurance company and other parties
- Determine the harm and damages caused by the actions of the insurance company, including the value of your damages
- Negotiate a fair settlement for a bad-faith insurance claim
- File a bad faith insurance lawsuit and take the matter before a jury if necessary
Our trial attorneys are known and trusted for their legal advice and counsel. They are recognized nationally and locally by prestigious legal organizations. Known as the “Aggressive Attorneys,” our lawyers fiercely fight for your rights and best interests.
Florida residents have trusted us for more than 20 years. You can trust us, too. Call now for a free case evaluation from an experienced bad-faith insurance attorney in Tampa, FL.
What Is Bad Faith Insurance?
A party acts in bad faith when they use fraud or dishonesty during a transaction. It can include failing to use fair practices in dealing with someone, behaving with fraudulent intent, or being untrustworthy in the performance of duties. We refer to bad faith when we discuss the obligation between parties to a contract to act in good faith and fairly when dealing with each other.
An insurance company has a duty to act in good faith when dealing with a policyholder or claimant. The company must make reasonable efforts to investigate and settle claims. Bad faith insurance practices involve misleading, dishonest, and/or fraudulent conduct and tactics.
Insurance Laws in Florida Define Bad Faith and Claims for Bad Faith
The government heavily regulates insurance companies. Without government regulations, an insurance company would have an unfair advantage over policyholders. A company could use its vast resources and knowledge of insurance laws to take advantage of people when they file insurance claims.
Florida insurance laws allow policyholders to file claims for bad-faith insurance practices. The law directs that an insurance company acts fairly and honestly toward the insured and with due regard for the insured interests.
Therefore, the company should attempt to settle claims in good faith. If the company fails to settle claims that could have been settled had the company acted fairly and with regard for the insured’s interests, the insured can file a claim for bad faith.
Examples of Bad Faith Insurance Practices in Florida
An insurance company can act in bad faith in many ways. Examples of bad faith insurance practices include, but are not limited to:
- Failing to investigate a claim timely
- Ignoring a filed claim or failing to respond to emails and calls from the insured
- Creating unnecessary delays to avoid investigating and/or paying a valid claim
- Denying a claim without providing a reason for the denial
- Failing to tell the insured that the company needs additional time to investigate the claim
- Misrepresenting the terms of the insurance contract or the law
- Requesting unnecessary documents and information or an unreasonable amount of documentation and information to delay settlement or avoid settling the claim
- Lying about the facts of a case to pressure the claimant to accept a low settlement offer
- Telling you that you do not need to consult an attorney to learn about your legal rights and options
It can be difficult to spot some instances of bad faith insurance. Insurance adjusters and other representatives working on your claim may be very subtle in their acts of bad faith. If you are unsure whether an insurance company is acting in bad faith, the best step you can take is to consult our Tampa personal injury law firm.
Insurance Companies Can Deny Claims for Legitimate Reasons
An insurance company is not required to pay a claim if there is a valid, legal reason for denying the claim. Legitimate reasons the insurance company could deny your claim include:
- The insurance policy lapsed because you failed to make the premium payments
- The insured is not responsible for causing the claimant’s damages
- You failed to file a claim within a reasonable time after an accident, injury, or property damage
- The claimant did not submit the required information when filing a claim
- The insured failed to respond to the company’s request for additional information or documentation
- The insurance policy does not cover the person involved in the case or the circumstances involved
- The insurance company has a justifiable reason why it is not liable for the claim
An insurance company is required to tell you why it is denying a claim. If you disagree with the denial, talk with a lawyer. However, do so quickly so your attorney can file a timely appeal and investigate whether the company acted in bad faith.
How Do I Prove an Insurance Company Acted in Bad Faith in Tampa, FL?
You have the burden of proving the company acted in bad faith to win your case. Therefore, you must prove that an insurance adjuster or other company representative intentionally acted unfairly or dishonestly.
Negligence is generally not a basis for a bad faith insurance claim. Bad faith insurance practices are intentional acts. Negligence is failing to use reasonable care or caution.
What Damages Can I Recover for a Bad Faith Insurance Claim in Tampa, FL?
The damages you receive for a bad-faith insurance claim depend on the facts of your case. However, Florida law allows for compensatory damages in a bad-faith insurance case. Examples of economic damages for bad faith insurance include:
- The amount of your initial claim for damages
- Interest on the delayed payment
- Attorney’s fees and costs for bringing a bad faith insurance action
- Additional damages caused by the delay in settling and/or paying the claim
- Out-of-pocket expenses
- Loss of income if you missed work to handle your case
Sometimes, a person might receive non-economic damages for a bad-faith insurance claim. Examples of non-economic damages for bad faith insurance include:
- Emotional distress
- Anxiety and stress
- Pain and suffering
- Embarrassment
- Inconvenience
Our attorneys diligently investigate your bad faith insurance to determine if it is an example of a widespread practice of bad faith by the insurance company. If the court finds that the company has a general practice of acting in bad faith, it could award punitive damages to punish the company for its conduct.
What Is the Deadline for Filing Bad Faith Insurance Claims in Florida?
The Florida statute of limitations for bad faith insurance claims is five years. However, you must give the insurance company 60-day notice before you can sue. If the company fails to correct the issue, you can proceed with a lawsuit.
In some situations, there are exceptions to the five-year deadline for filing a bad-faith insurance claim. Furthermore, the longer you wait to file a claim, the better chance that evidence could be lost or destroyed. It is best to contact an attorney as soon as possible to protect your rights.
Schedule a Free Consultation With Our Tampa Bad Faith Insurance Lawyers
We are here to assert your legal rights and interests if an insurance company has treated you in bad afaith. Our legal team at Winters & Yonker Personal Injury Lawyers can help you with your case and discuss the potential for a bad faith insurance claim. Contact our law office to request a free case review with one of our Tampa bad-faith insurance attorneys.
