Business insurance claims may be simple, especially if the insurance company cooperates. In other situations, the insurance company tries to deny coverage. When this occurs, your attorney may get involved to help resolve the situation. This adds many legal aspects to your business insurance claim that you may be unfamiliar with. This article helps you understand the legal aspects of business insurance claims so you are ready.
At the Saxton Law Firm, our dedicated business insurance claim attorneys are ready to help you with whatever you face. We are highly experienced in negotiating with the insurance company or even filing a lawsuit to enforce the coverage you are owed. Schedule a consultation to learn more about your unique case.
The Best Case Scenario
The best case scenario is that the insurance company pays your claim without fighting you about it. You submit the claim, the paperwork, and the evidence they ask for and they give you your payment. When this happens, it is easy and the legal aspects are limited.
The sad truth is, however, that this is often not the case. Insurance companies are notorious for denying claims or delaying coverage in order to get you to accept a low settlement or to deny your claim altogether. If this is happening to you, you need a skilled business insurance attorney to protect your rights.
Legal Aspects in Your Business Insurance Claim
There are a number of steps in the legal process you may be unfamiliar with. Some or all of these steps may be necessary in your claim, depending on your unique circumstances.
- Negotiation: In most cases, your attorney can reach out to the insurer to try to negotiate a settlement to the case before it even starts. Often, the presence of an attorney gets the insurer to cooperate because they see that you will not back down from a challenge. Some cases can be resolved this way, saving you time and cost.
- Complaint: If litigation is necessary, your attorney will file a complaint. This is the formal start to a lawsuit and it outlines all of your accusations against the insurance company. It also starts the legal response period for them to respond and kicks off the rest of the litigation.
- Discovery: The discovery process is where both parties exchange information, documents, and take depositions to learn what is happening. This can be a lengthy process through which the attorneys and parties investigate the case.
- Mediation: During the litigation process, you may be able to mediate an agreed settlement. A mediator is a neutral third party that helps the parties try to come to an agreement. Settlement is always possible throughout the litigation process.
- Trial: If the parties cannot settle the case, the matter will proceed to trial. The trial is where the parties present their evidence to the judge or jury. The trier of fact determines who was at fault and what damages you are entitled to.
READ MORE: Overview of Business Insurance Law in Kansas
At Saxton Law Firm, we know that dealing with your insurance company can be tricky. They want to do anything they can to avoid paying your claim, no matter how legitimate it is. An attorney’s involvement can help you enforce the contract you signed and get you the coverage you deserve.
We help you understand the legal aspects of a business insurance claim and walk you through the entire process. We are with you every step of the way. Contact Saxton Law Firm for a FREE case review!