What Steps Are Involved in Filing an Insurance Litigation Case?

When an insurance company denies a valid claim or handles it unfairly, legal action could be your best option. Hiring a Sarasota, FL insurance litigation attorney early will mean you fully understand your rights and the path forward.

What Steps Are Involved in Filing an Insurance Litigation Case?

Consulting an Insurance Litigation Attorney

A lawyer can help a lot, right from the beginning. Your lawyer will review your policy, the denial, and the evidence to assess if you have a strong case. They’ll explain all your legal options, handle all communications with the insurer, prevent you from saying or signing anything that harms your position, and help you decide if suing is worth the time and cost.

Attempting Pre-Litigation Resolution

The process really begins when your lawyer sends a demand letter to the insurer outlining the facts, any policy violations, and what you’re requesting in compensation. This letter usually also includes calculations for damages. At that point, the insurer will usually respond with a counteroffer.

You may go into mediation at this point, and often this resolves things. If you can come to a settlement, you’ll save on court fees and have access to your payout more quickly. But even with a mediation, you’ll want the help of a lawyer. Your lawyer will protect you from signing any deals that aren’t in your best interests and will bring experience in negotiation to your side of the table.

Filing in Sarasota, FL Court

If the negotiations fail, then you’ll confirm the right court jurisdiction and file a lawsuit. Your attorney drafts the complaint, which is the formal document that starts the lawsuit, and names you as the plaintiff and the insurance company as the defendant. The complaint states the key facts of the case and specifies the relief you seek.

After the court accepts the filing, the clerk issues a summons, which tells the defendant they have to respond to the lawsuit within a set period. Once the defendant files an answer to admit, deny, or raise a defense, the case moves into discovery. During this phase, both sides exchange information and evidence, and this phase can take a while. During the process, either side may file motions with the court.

Going to Trial

If the parties cannot settle during the discovery phase, the case proceeds to trial. The judge sets a trial date, and both sides prepare by organizing evidence, lining up witnesses, and drafting arguments. At trial, the lawyers for both sides give an opening statement and then present the evidence, call witnesses as necessary, and try to undermine the evidence of the other side. If you win, the court enters a judgment awarding the damages that were proven at trial. Either party can appeal an unfavorable decision, though your appeal has to argue that there were legal errors in the original case. Neither side can just re-try the facts a second time.

Wherever you are in the process of trying to get what you’re owed from an insurance company, we can help. Contact HD Law Partners today for help in Sarasota, Tampa, Orlando, or Fort Myers, FL.

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