When you pay for insurance, you expect to be protected when the worst happens. If your insurance company is giving you the runaround in Fort Walton Beach, FL, contact Brannon & Brannon Car Accident & Personal Injury Lawyers at (850) 863-5297. An experienced Fort Walton Beach bad faith insurance lawyer can help you fight for just compensation.
Collectively, our attorneys have over 60 years of legal experience. To date, we’ve successfully helped our clients in the panhandle recover millions of dollars in settlements and verdicts. Our lawyers know how the insurance process works. We handle insurance claims on a daily basis. Contact our law firm in Fort Walton Beach, Florida, to schedule a free consultation to learn more about how we can help.
How Can Brannon & Brannon Car Accident & Personal Injury Lawyers Help With My Bad Faith Insurance Claim in Fort Walton Beach?
You paid your insurance premiums on time. When you submit a valid claim, you expect the insurance company to hold up their end. It’s incredibly frustrating when they don’t.
Insurance policyholders in Florida have legal rights. The insurance company knows that. They also have the resources to manipulate the process and the system. An experienced Fort Walton Beach personal injury attorney can help you fight back.
Our team at Brannon & Brannon Car Accident & Personal Injury Lawyers is led by a former insurance defense attorney. We know exactly how to help you fight for justice.
Hire us, and you will benefit from an AV-rated team that will:
- Carefully investigate and compile evidence
- Document your losses
- Determine how much compensation you deserve
- Identify all sources of compensation
- Bring in experts as needed
- Negotiate for the full financial settlement you deserve
Our Fort Walton Beach personal injury lawyers can start building your case today. Contact our law firm to learn more about legal representation today.
What Is Bad Faith In An Insurance Context?
Insurance companies are out to make a profit. To maximize their profits, insurance adjusters sometimes engage in unscrupulous tactics to reduce the value of claims. Some valid claims are denied entirely.
As the policyholder, you probably already know that the insurance company has an advantage. They created the entire claims process–and they deal with insurance claims daily. The law recognizes this. In the state of Florida, insurance carriers are required to deal with policyholders in good faith.
If any insurance company refuses to honor your claim or creates artificial delays, you may be dealing with bad-faith insurance practices. Bad faith insurance practices can be hard to spot. Any insurance practices that are misleading, fraudulent, or dishonest can constitute bad faith.
Florida’s Bad Faith Insurance Law: An Overview
Florida’s bad faith insurance laws give victims of bad faith insurance practices the right to seek compensation from the at-fault party.
Under Florida law, “bad faith” is specifically defined. It means the insurance company has not attempted to settle insurance claims in good faith “when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.” Insurance companies also act in bad faith when they fail to settle a reasonably clear claim in order to influence settlements under a different portion of the insurance policy.
Florida law gives victims a civil right of action. In other words, you can file a lawsuit for damages in civil court if your insurance company has acted unfairly.
First-Party vs. Third-Party Bad Faith Insurance Claims
You deal with insurance under all sorts of circumstances. You may be dealing with your own insurance company. It’s also possible that someone else could be filing a claim against your policy. First-party claims involve situations where you’re trying to get your insurance carrier to pay a claim. Third-party claims involve situations where someone else is pursuing compensation from your carrier. For example, if you’re accused of causing a car accident and the other party is seeking compensation, that’s a third-party claim.
Our Attorneys in Fort Walton Beach Handle All Types of Bad Faith Insurance Claims
People purchase insurance for all kinds of reasons. Sometimes, you’re legally required to carry insurance. In other cases, you buy insurance for peace of mind.
At Brannon & Brannon Car Accident & Personal Injury Lawyers, we have the tools to help with any type of bad faith case, including those involving:
- Car insurance and personal injury protection (PIP) coverage
- Property and casualty insurance
- Homeowners Insurance
- Renters Insurance
- Business liability insurance
- Storm coverage, including flood insurance, wind insurance, and hurricane insurance
- Loss of use coverage
- Life insurance
- Health insurance
- Fire insurance
- Commercial Insurance
- Professional liability insurance
- Workers’ compensation insurance
We offer free case reviews to all potential clients. We know it can be tough to know whether your insurance company is handling your case fairly. During your free case review, we’ll listen to your story and help you determine whether you have a valid case.
What Are Some Signs that I’m Dealing With Bad Faith Insurance Practices?
Many different acts can amount to bad faith insurance practices. Under Florida law, you could have a valid claim if the insurance company has:
- Not investigated your claim within a reasonable amount of time
- Denied your claim without giving a reason
- Lied about the terms of your insurance contract
- Created unreasonable delays in handling your claim
- Failed to defend you against third-party claims against your policy
- Failed to pay your claim after liability has been clearly established
- Failed to pay your defense costs when covered
- Ignored your calls or emails
- Paid only a portion of your benefits without explanation
- Pushed you into taking a lowball deal by lying about the facts of your case
- Failed to request information necessary to process your claim
- Requested unreasonable or unnecessary information in an effort to delay your claim
- Lied about the insurance company’s ability to pay your claim
- Pressured you to avoid seeking legal advice
These and other bad-faith tactics can be extremely frustrating. Many victims simply give up rather than go through the hassle of seeking a lawyer’s advice. Know that when you hire our team, we’ll handle every aspect of your case. You can rest assured that we’ll pursue every dollar you deserve.
What Do I Have To Prove To Recover Compensation for Bad Faith Insurance Tactics in Florida?
In Florida, recovering compensation for bad faith insurance tactics requires a different standard than the typical negligence claim. Most personal injury victims must prove negligence to recover damages, which generally involves showing that another party failed to exercise reasonable care, resulting in harm. However, in bad faith cases, mere negligence is not sufficient to establish liability against an insurance company. Instead, the victim must prove that the insurer acted intentionally and dishonestly in handling the claim, which demonstrates bad faith under Florida law.
Negligence Theories
That said, it’s important to note that insurance adjusters can still be held liable for their own negligence in the course of their duties. Negligence occurs when an adjuster fails to exercise a reasonable standard of care, resulting in harm to a claimant. While a bad faith claim requires proof of intentional and dishonest behavior, insurance adjusters may still face liability for negligent actions that do not meet the higher threshold of bad faith.
Breach of Contract
You may also have a claim based on breach of contract. Insurance policies are contracts like any other. When the insurer fails to hold up their end of the bargain, you can take steps to hold them accountable.
You can count on our lawyers to evaluate all options for recovering compensation in your case. Contact us today to learn more about your legal options.
What Types of Damages Are Available to Victims of Bad Faith Insurance Practices in Fort Walton Beach?
Like any injured party, you can seek compensation for your economic damages and non-economic damages. Your damages depend on the types of losses you’ve suffered because of the insurance company’s acts. Some key damages you may receive include:
- The value of your initial insurance claim
- Interest charges you incurred if you covered the loss on your own
- Property damage that occurred due to the delay
- Attorneys’ fees
- Court costs
- Out-of-pocket expenses
- Lost income
- Damage to your health
- Pain and suffering
- Emotional trauma
- Inconvenience
- Frustration
- Anxiety and stress
Our Fort Walton Beach bad faith insurance attorneys will work closely with you as we evaluate the losses you’ve experienced. In particularly complicated cases, we may even bring in experts who can testify and strengthen your claim for compensation.
What is the Deadline for Filing a Bad Faith Insurance Lawsuit in Florida?
Under Florida law, you have five years to file a lawsuit based on bad faith insurance practices. The five-year clock starts running on the date the bad faith practice occurred.
Before suing under Florida law, you must also give the insurance company 60 days’ notice. Sometimes, this notice is enough to convince the insurance company to offer a fair settlement.
However, if the insurer fails to “cure” the violation within the 60-day notice period, you can proceed with your lawsuit.
Call an Experienced Fort Walton Beach Bad Faith Insurance Lawyer for a Free Consultation
The insurance claims process is difficult enough. You shouldn’t have to deal with an insurance company that’s engaging in illegal practices. To learn more about your right to compensation, contact an experienced Fort Walton Beach bad faith insurance lawyer at Brannon & Brannon Car Accident & Personal Injury Lawyers for a free consultation. Call us today at (850) 863-5297.
